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(영문) 서울중앙지방법원 2015.10.07 2015가단5099758

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumption

A. On September 21, 1993, the land of Pyeongtaek-si D large 593 square meters (hereinafter “instant land”) was divided from the F 3085 square meters and changed to the site on May 26, 1995, when the F 3085 square meters were divided into 3085 square meters and the land category was changed to H. In other words, on March 5, 2002, 46 square meters were divided into G and 4 square meters, respectively.

B. As to the instant land, on March 27, 1984, the registration of transfer of ownership was completed on the 26th of the same month in the name of Defendant B, the former head of E, the South Korea, on the 27th of the same month. On November 4, 2002, the provisional registration of the right to claim transfer of ownership was completed on the grounds of the promise to trade the same date in the name of the above Defendant C, the second South Korea,

C. E died on March 17, 1985, and the Plaintiff is the next son of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and Eul evidence 2, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. On February 25, 1984, the Plaintiff Deceased died in a condition where communication is impossible for one year, such as being hospitalized by causing cerebral transfusion. On March 27, 1984, Defendant B completed the registration of ownership transfer of the instant land by misappropriation of the deceased’s seal imprint, and completed the registration of ownership transfer claim against Defendant C on November 4, 2002. As such, the registration of ownership transfer in the name of Defendant B on the instant land was completed by forging documents related to the registration, and the cause invalidation is invalidated, and the right to claim ownership transfer registration in the name of Defendant C was completed thereafter. Accordingly, the Defendants are obliged to perform the procedures for the registration of ownership transfer and the cancellation of the provisional registration of ownership transfer right registration completed in the name of the Defendants as to the Plaintiff 4/29 shares in the instant land. 2) The Defendants were hospitalized on February 2, 1983 due to cerebral flaf and flaf, and were hospitalized on May 28, 1984.