beta
(영문) 인천지방법원 2017.05.11 2016가단217764

소유권이전등기 말소등기절차이행

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and defendant E are children of the network H (hereinafter referred to as “the deceased”), and the plaintiff is the south of the deceased, the defendant E is the male of the deceased, and the defendant F is the kin of the defendant E.

B. Pursuant to the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Assistance Act”), with respect to real estate listed in the separate sheet No. 1, which is the deceased’s ownership on the ground of sale on February 2, 1970, the registration of the Incheon District Court’s registry No. 6157, Dec. 9, 1980; and with respect to each real estate listed in the separate sheet No. 2 through No. 9, and each of the real estate listed in the separate sheet No. 10, which was combined with the real estate listed in the separate sheet No. 22, 3, 4, 5, 6, and 10 in sequence, the registration of ownership transfer was completed under the name of the Incheon District Court No. 21, Apr. 28, 1980.

(hereinafter referred to as the “instant real estate” by aggregating the real estate and the portion of the ship (A) listed in the attached list 1 through 9.

Attached Form

As to the real estate listed in the list 3 on December 27, 1995, the registration of ownership transfer was completed on February 9, 1996 by the receipt of the above registry No. 3526 on February 9, 1996.

On May 14, 200, the deceased died on May 14, 200, and eight South Koreas, including the deceased I, the spouse of the deceased, the plaintiffs, and the defendant E, are co-inheritors of the deceased, and the deceased I died on November 24, 2008.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 11 (including additional numbers), defendant E-Examination Results, fact-finding results on the head of Jung-gu Incheon Metropolitan City, the purport of the entire pleadings

2. The defendant's judgment on the main safety defense is part of the real estate stated in the annexed list 10, which cannot be claimed for the cancellation of the ownership transfer registration by specifying it.