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(영문) 대구지방법원상주지원 2016.10.05 2015가단3135

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

According to the statement No. 2-1, the E ownership transfer registration for the instant real estate has been completed, and on April 26, 2013, in the future of a member bus farming association, the ownership transfer registration for the sale on April 15, 2013 has been completed, and on April 26, 2013, for the portion 480/827 among them, the Plaintiff’s future, for the portion 347/827, the non-party F made a partial transfer registration for the sale on April 25, 2013, respectively; ② thereafter, on May 31, 2013, the fact that the ownership transfer registration for the portion 397/827, which is part of the above Plaintiff’s shares, has been completed on May 31, 2013, Defendant B, 17/827, Defendant C, respectively, on May 26, 2013.

In this regard, the plaintiff asserts that although there was no sales contract with the defendants as to the plaintiff's share in the real estate of this case, each registration of transfer has been made in the future of the defendants, such registration should be cancelled as the registration of invalidity of cause.

The evidence submitted by the Plaintiff alone is insufficient to recognize that the registration of the name of the Defendants was completed without any grounds for registration, and is null and void, and there is no other evidence to acknowledge it.

Rather, if the purport of the entire pleadings is added to the statement in the evidence Nos. 1 through 5, the Defendants, together with the Plaintiff and F, borne funds by multiple methods, and completed the registration of ownership transfer with respect to the above shares among the instant real estate, and it seems that the Plaintiff was fully aware of it in the process.

The plaintiff's assertion to this different purport is without merit.

The Plaintiff’s claim against the Defendants is dismissed in entirety as it is without merit. It is so decided as per Disposition.