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(영문) 대구지방법원상주지원 2015.01.28 2014가단1743

소유권이전등기말소

Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are the fourth degree of punishment, and Defendant E is the children of Defendant C, and Defendant F is the grandchildren of Defendant C.

B. The registration of ownership transfer was completed in the name of Defendant C and the Plaintiffs with respect to the forest land of 31,339 square meters (hereinafter “instant forest”).

C. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), Defendant C completed the registration of ownership transfer on the ground of sale as of February 11, 1973 by the Daegu District Court No. 11736, the Daegu District Court’s Office of Registry No. 11736, with respect to each of the plaintiffs’ 1/3 shares as to the forest of this case.

C. Since then, with respect to the forest land of this case, Defendant D completed the ownership transfer registration on the ground of sale as of May 27, 1998 (hereinafter “second ownership transfer registration”) as of May 15, 1998 (hereinafter “second ownership transfer registration”), Defendant E completed the ownership transfer registration on the ground of sale as of February 20, 2003 as of February 20, 2003 by the same registry office (hereinafter “third ownership transfer registration”). Defendant F completed the ownership transfer registration on the ground of sale as of February 28, 2013 (hereinafter “third ownership transfer registration”). Defendant F completed the ownership transfer registration on the ground of sale as of February 28, 2013 as of February 28, 2013 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant C asserted that the Plaintiffs’ assertion was completed the registration of ownership transfer by a false letter of guarantee even though he did not purchase the Plaintiffs’ share (one-third share each), regarding the instant forest.

Therefore, the registration of transfer of title 1 should be cancelled as the registration of invalidation of cause, and the registration of transfer of ownership 2, 3, and 4, which is based on it should be cancelled as the registration of invalidation.

(b) completed under the Act on Special Measures for Determination.