소유권이전등기
1. All the claims of the Plaintiff (Plaintiffs) added in the litigation and the trial of the instant case shall be dismissed.
2...
1. The following facts shall be apparent in the records or significant to this Court:
The previous 2,122 square meters (hereinafter “the land before the instant land substitution”) was originally owned by the network D, the father of the Plaintiff and the network B (hereinafter “B”). The network D died on June 10, 1966. On October 18, 1979, B completed the registration of ownership transfer (hereinafter “the registration of ownership transfer in B”) in its name pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1977) with respect to the land before the instant land substitution.
B. Since then, B sold 515/212 of the land prior to the instant land substitution to E, and completed the registration of ownership transfer with respect to the said shares to E on October 31, 1996.
C. The land prior to the instant replotting was substituted with each land listed in the separate sheet on April 27, 2009.
(hereinafter referred to as “land after the instant land substitution” in entirety, excluding shares, among each land.
The Plaintiff asserted against B that, “B” as the Daegu District Court Kimcheon-ro 2003Gadan9496, “B had not purchased the land prior to the instant land substitution D, but completed the registration of transfer of ownership in the name of B based on a false guarantee certificate and confirmation, and thus, the registration of transfer of ownership in the name of B is null and void without any cause.” The Plaintiff filed a claim for the cancellation of the registration of transfer of ownership in the name of B as to the portion remaining 16/22 of the land prior to the instant land substitution, which was jointly owned by the wife and children, including the Plaintiff and B, on the ground of the claim that the wife and children jointly inherited the land prior to the instant land substitution.
However, in the relevant case, the Plaintiff was sentenced to the dismissal ruling on the ground that the invalidity without the cause of the registration of ownership transfer in B was not the registration, and the Plaintiff appealed and changed the claim of joint inheritance in the first instance trial to the preliminary assertion.