[소유권이전등기절차이행청구사건][고집1948민,100]
Ratification of the ownership transfer registration made by the tort
Any registration of transfer of ownership illegally made contrary to the intention of the owner of a real estate shall not be ratified as valid unless it is of the nature to be cancelled as the cause for invalidation.
Article 119 of the former Civil Act
Plaintiff
Defendant 1 and one other
Cheongju District Court Decision 4287No72 delivered on October 1, 200
The original judgment shall be revoked.
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff at the first and second instances.
The plaintiff's legal representative filed a judgment dismissing the public prosecution on October 21, 4279, and the plaintiff purchased 5,500 won from the non-party 1 to the non-party 4 at the time of the contract after purchasing 5,000 won from the non-party 1 to the non-party 4 at the time of the contract. Since the non-party 2 purchased 5,000 won from the non-party 4 at the time of the non-party 2 and the non-party 2's non-party 3's non-party 4's non-party 1's non-party 2's non-party 4's non-party 2's non-party 2's non-party 3's non-party 2's non-party 3's non-party 4's non-party 2's non-party 2's non-party 3's non-party 2's non-party 3's non-party 4's non-party 2's non-party 3's non-party 3's title.
The attorney of the defendant et al., sought a judgment on the order Dong-dong and confirmed that the deceased non-party 3 of the defendant et al. among the plaintiff's main facts was the defendant's non-party 2 and 2, and completed the registration of transfer of each term in the name of four persons after purchasing the land from the plaintiff's main head and the non-party 1, and completed the registration of transfer of ownership between the plaintiff and the deceased non-party 3. The non-party 3 died and succeeded to the property of the deceased non-party 3. However, the plaintiff's main fact is denied. Since the defendant et al. purchased the land of this case from the non-party 1 and cultivated after purchasing it from the non-party 1, the deceased non-party 3 et al. submitted a certificate of No. 1 and submitted a witness non-party 6 and 7, denying the establishment of the evidence No. 1, and stated that the land of the plaintiff et al. cultivated by the defendant et al. is equal to the land of the plaintiff.
The plaintiff's act of removing the registration of transfer to the non-party 3, who purchased the land of this case and the non-party 3's first trust to the non-party 3, who purchased the land of this case and the non-party 6's non-party 8's non-party 3's non-party 3's non-party 9's non-party 9's non-party 9's non-party 3's non-party 9's non-party 9's non-party 9's non-party 3's non-party 9's non-party 3's non-party 9's non-party 3's non-party 6's non-party 3's non-party 3's non-party 9's non-party 3's non-party 3's non-party 9's non-party 3's non-party 3's non-party 3's non-party 3's non-party 3's non-party 9's non-party 1's non-party title.
Judges Kim Jae-ok (Presiding Judge)