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(영문) 수원지방법원 평택지원 2018.07.06 2017가단57705

소유권말소등기

Text

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

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

Reasons

1. Facts of recognition;

A. The parties’ relevant net E (hereinafter “the deceased”) was the owner of the real estate listed in the attached list. The Plaintiff is the deceased’s father, Defendant B was the deceased’s wife, Nonparty F was the Plaintiff’s mother and the deceased’s wife, Defendant C was living together with F, Defendant D was the deceased’s grandchildren, and G’s father’s wife, who was the deceased’s husband and wife.

B. The deceased (1) purchased the land listed in the [Attachment List No. 1] around August 1974 and completed the registration of ownership transfer. After then on November 1, 1984, the same list on the ground of the above land.

2. New construction of a building mentioned above has owned real estate listed in the separate sheet.

(2) Since then, the real estate listed in the separate sheet was transferred to the Defendant B (F) for the reason of sale as of February 6, 2004 with the Songwon District Court’s 3120, which was received on January 6, 2004, for the reason of the sale as of January 6, 2004, and for the reason of sale as of April 21, 2006, the receipt No. 12688, which was made on April 20, 2006, to the Defendant C for the reason of sale as of April 20, 2006, as of March 8, 2013, which was received on March 8, 2013 by the same registry office, and the ownership transfer registration was made in sequence to the Defendant D, respectively.

C. The Deceased’s death and inheritance-related deceased died on February 19, 2004, and the deceased’s inheritor on February 19, 2004 include F (C/9), G (C/9), G (C/2/9), network H (C/27), J (2/27), K (2/27), and Plaintiff A (C/9, 2/9).

【Ground for Recognition: Facts that there is no dispute between the parties, or is not clearly disputed, and the purport of the whole entries and arguments of Gap evidence 1 through Gap evidence 5 (including paper numbers)]

2. Determination on the cause of the claim

A. The sales contract between the deceased and the defendant B on January 6, 2004 between the summary of the plaintiff's assertion was concluded by the F, the wife of the deceased, by forging the documents for the registration of ownership transfer in the name of the deceased, or even if not forged, the delegation of the authority to dispose of F is made under the status of the deceased's work ability.