소유권이전등기말소등기
1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Busan Gangseo-gu Office of District Court (hereinafter “instant real estate”) was originally owned by the Plaintiff. The registration of ownership transfer was completed as of December 10, 1970 with the receipt No. 11814 on April 17, 1945, and the registration of ownership transfer was completed as of April 17, 1945, for E, the wife of the network D, as of September 14, 1972, as of April 1061, 1971, the registration of ownership transfer was completed as of April 26, 1971 by agreement division as of April 14, 1971.
B. After December 15, 1975, the registration of ownership transfer was completed due to the purchase and sale as of December 12, 1975 by the same registry office as of December 15, 1975, and thereafter, the registration of ownership transfer was completed due to the purchase and sale as of January 28, 2005 as of January 1742 in the future of the defendant KRNA as of January 28, 2005. < Amended by Act No. 7423, Jan. 25, 2005>
C. The Plaintiff filed a lawsuit against E and Defendant B seeking the cancellation of each ownership transfer registration of the instant real estate, but the judgment for claimant was rendered against Defendant B, but the part against Defendant B was accepted by Defendant B’s defense that he acquired by prescription, and thus dismissed the judgment (Seoul District Court Decision 88Na22878 delivered on November 18, 198). The appeal was dismissed, but the appeal was dismissed, and the judgment of dismissal became final and conclusive upon dismissal of the appeal.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap evidence 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. At the time of the Plaintiff’s assertion D’s death, E and minor children (F, G, and H) were co-inheritors, but E disposed of the said real estate to Defendant B without a special representative appointment, even if there was a conflict of interest with their children regarding the disposal of the instant real estate, which is inherited property.
Therefore, 3/4 shares of children are disposed of without authority, and thus is null and void, and the defendant corporation will end up in the future.