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(영문) 창원지방법원 통영지원 2018.12.27 2018가단21271

소유권말소등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

H on June 23, 1981, with respect to the size of 5,445 square meters prior to I in the territory of the mother land of the instant land, on the basis of the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”), H completed registration of preservation of ownership based on the former Act on Special Measures for the Registration, etc. of Real Estate Ownership.

On July 1, 1994, the land of this case was divided from the above-owned land.

H Deceased on May 29, 200, the wife died, and there was C, D, E, F, K, and L as his heir.

J died on September 8, 2017, and there was C, D, E, F, K, and L as its heir.

On January 19, 2018, the registration of ownership transfer was completed in the C, D, E, and F due to inheritance due to the consultation division.

(C) On January 19, 2018, on the share of all co-owners of the land of this case, the registration of transfer of ownership was completed on November 20, 2017 (hereinafter “the registration of transfer of ownership of this case”) on November 20, 2017.

【In the absence of any dispute, the Plaintiff’s assertion of the entire purport of pleading as to the fact that there was no dispute, Gap’s Nos. 1, 6, and Eul’s No. 1 (including each number; hereinafter the same shall apply), and the entire purport of pleading has cultivated the land of this case from the fleet until now.

The deceased H, without permission on June 23, 1981, completed the registration of initial ownership in its own name under the Act on Special Measures for the Development of Ownership of the Reowned Land of this case.

Therefore, the designated parties C are obligated to implement the registration procedure for transfer of ownership on June 24, 2001 with respect to shares of 2/5 and shares of 1/5, respectively, to the Plaintiff on June 24, 2001.

However, C, D, E, and F served on or around January 16, 2018 by the complaint of this case 2017da27005 case, seeking the performance of the above obligation of ownership transfer registration, and completed the registration of ownership transfer of this case in collusion with the defendant to avoid the performance of the above obligation of ownership transfer registration. This is invalid by a false declaration of agreement.