소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. At the time of death, the network D died on April 12, 2002 (hereinafter “the deceased”). At the time of death, the Plaintiff, Defendants, and E, and F, who were their children.
The network D owned the real estate Nos. 1 and 2 of this case at the time of death.
With respect to the instant real estate No. 1, the name of Defendant B on September 25, 2015, for which the registration of ownership transfer was made on the grounds of inheritance by agreement division as of April 12, 2002 (hereinafter “instant registration of ownership transfer”), and on the instant real estate No. 2, the registration of ownership transfer was made under the name of Defendant C on September 25, 2015, for which the registration of ownership transfer was made on the grounds of inheritance by agreement division as of April 12, 2002.
(2) The registration of transfer of ownership No. 1 and No. 2 of this case was completed based on a written agreement on division of inherited property regardless of the will of the Plaintiff, E, and G, who is the heir of the deceased, and the part exceeding the inheritance shares of the Defendants in each of the above registration of transfer of ownership is null and void.
Therefore, Defendant B, among the real estate No. 1 of this case, is obligated to perform the registration procedure for cancellation of ownership transfer registration due to the restoration of the real title holder’s title holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right holder’s right
B. In a case where the registration of ownership transfer is completed with respect to the judgment real estate, the registrant is presumed to have acquired ownership by legitimate grounds for registration as well as against the third party. Therefore, the grounds for invalidation should be asserted and proved in the dispute. The real estate registration is the process or form that led to the announcement of the current state of true rights.