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(영문) 울산지방법원 2020.10.29 2019나12428

소유권이전등기

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1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. The total cost of the lawsuit is the Plaintiff’s representative.

Reasons

1. Basic facts

A. The Plaintiff is a clan that jointly sets up a GC 21 years of age L.

B. The registration of preservation of ownership was completed on October 26, 1971 with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”) as co-owners of each of the 1/3 equity shares.

C. As to M shares, Defendant B completed the registration of ownership transfer as of October 5, 2012, and Defendant C’s clan (hereinafter “Defendant clan”) on October 4, 2012 due to inheritance on August 19, 1998, respectively. < Amended by Act No. 11415, Oct. 5, 2012>

On July 23, 2018, the Plaintiff filed the instant lawsuit against the Defendants by asserting the following:

① As the owner of the instant real estate, the Plaintiff trusted the title trust of 1/3 shares of the instant real estate to M., and the said title trust is terminated by serving a duplicate of the instant complaint.

② Defendant B succeeded to the M’s share of the instant real estate, and Defendant A’s clan actively participated in the embezzlement of Defendant B and completed the registration of ownership transfer, which is a registration which is void as an anti-social juristic act.

③ As to the instant real estate, the Plaintiff sought against Defendant B to implement the registration procedure for cancellation of ownership transfer registration based on the cancellation of title trust, and seek to implement the registration procedure for cancellation of ownership transfer registration against the Defendant clan in subrogation of Defendant B, a title trustee’s successor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. The defendants' defense and judgment prior to the merits

A. The lawsuit in this case is unlawful as it is filed by a person who has no legitimate power of representation, because the lawsuit in this case has no legitimate power of representation, which is indicated as the plaintiff's representative.

② The Plaintiff is not a clan with its unique meaning and thus the instant lawsuit.