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(영문) 청주지방법원충주지원 2015.12.17 2015가단4040

소유권이전등기 말소등기 절차이행

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) The Plaintiff is the deceased C (hereinafter “the deceased”).

(2) The Defendant is the deceased’s spouse and the rest of the designated parties are the deceased’s children, and the deceased died on May 21, 2014.

B. The Defendant completed the registration of ownership transfer based on sale as of November 30, 1974, No. 4215, which was received on March 26, 1984, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Apr. 3, 1982, invalidation, and invalidation (hereinafter “instant Special Measures”).

(hereinafter) The above real estate is “the instant real estate” and the above registration of transfer of ownership is “the ground for recognition” / [the grounds for recognition], entry in Gap evidence Nos. 1, 2 and 4 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The Plaintiff’s registration of transfer of ownership in this case is null and void since the Defendant made a false guarantee certificate and a written confirmation.

In relation to the registration of transfer of ownership of this case, the deceased took a provisional disposition against the Defendant to prohibit disposal, and then the Defendant agreed to transfer the ownership of the real estate of this case to the Defendant and D, who is the births of the deceased, the registration of transfer of ownership in the name of the Defendant is null and void.

Therefore, the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) who are the successors of the deceased, who are their former owners, seek the cancellation of the ownership transfer registration of this case.

3. Determination

A. The deceased received a provisional disposition order prohibiting the disposal of the instant real estate (Cheongju District Court 2007Gadan252) against the deceased, and the fact that the deceased agreed to transfer the ownership of the instant real estate to D is not a dispute between the parties or recognized by the statements in Gap evidence Nos. 2 and 3.

B. However, registration completed under the Act on the Special Measures of this case.