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(영문) 대구지방법원안동지원 2016.07.13 2015가단23543

소유권말소등기

Text

1. The Plaintiff:

A. Defendant G: (a) with respect to each real estate listed in the separate sheet, the Daegu District Court rendered Ansan-dong Branch on August 2010.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B, C, D, E, F, and G

A. 1) The Network H’s indication of the claim is each real estate listed in the separate sheet on behalf of the Plaintiff (hereinafter “each real estate of this case”).

(1) On January 14, 1993, the Rural Development Corporation did not have the right to sell each of the instant real estate on January 20, 1993 by stating that the Plaintiff is the Plaintiff’s agent, and thus, the transfer registration of ownership based on sale on January 14, 1993 (hereinafter “transfer registration of ownership No. 1”).

2) On February 9, 1993, the Rural Development Corporation completed on February 9, 1993 the ownership transfer registration based on sale and purchase (hereinafter “the second ownership transfer registration”) against the deceased H on February 15, 1993.

3) The Defendant Korea Rural Community Corporation merged with the Rural Community Corporation on January 1, 200. On June 29, 2010, the network H died of Defendant B (the heir’s share 3/13), Defendant C, D, E, F, and G (the heir’s share 2/13) who is the wife, and Defendant C, C, D, E, F, and G (the heir’s share 2/13) as of each of the instant real estate on August 10, 2010. The Defendant G acquired ownership transfer registration (hereinafter “instant third ownership transfer registration”) due to inheritance by agreement division on June 29, 2010.

(4) Accordingly, the registration of ownership transfer of this case is invalid based on unauthorized Representation, and all the registration of ownership transfer of this case Nos. 2 and 3 based on the registration of invalidity above is invalid. Thus, Defendant G is obligated to perform the registration procedure of cancellation of ownership transfer of this case with respect to each of the real estate of this case. Defendant B is obligated to perform the registration procedure of cancellation of ownership transfer of this case. Defendant C, D, E, F, and G are obligated to perform the registration procedure of cancellation of ownership transfer of this case 2/13 of each of the real estate of this case with respect to each of the real estate of this case.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);

2. Determination as to the plaintiff's claim against the defendant Korea Rural Community Corporation

(a) the facts of recognition are as follows: