소유권이전등기 지분말소 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 15, 1988, H died with the heir of the Plaintiff, the Defendants, J, and K, the spouse of H, left the Plaintiff, the Defendants, the J, and the K. On November 15, 2013, H died with their children left the Plaintiff, the Defendants, the J, and the K.
B. On May 4, 1994, with respect to the land No. 1669 square meters (hereinafter “the land No. 1”) before Jeju-si, for which the registration of ownership transfer was completed under H’s name, the registration of ownership transfer under Defendant C’s name was completed on the ground of “the donation on March 10, 1985” under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, “Special Measures Act”) and the registration of ownership transfer was completed on June 7, 2012 with respect to the portion of the land No. 198/169, among the land No. 1 of this case, on the ground of “the sale on June 4, 2012.”
C. On June 5, 2013, the registration of transfer of ownership in the name of Defendant C was completed on the ground of “donation on June 4, 2013” with respect to the land E, forest, and forest land No. 91 square meters (hereinafter “instant land”) in Jeju-si where the registration of transfer of ownership was completed in the name of Jeju-si.
On August 23, 2013, the registration of transfer of ownership in the name of Defendant C was completed on the ground of “the gift on August 23, 2013” with respect to the F Forest and Forest No. 4588 square meters (hereinafter “the land No. 3”) in Jeju-si, for which the registration of transfer of ownership was completed in the name of Jeju-si.
E. On October 25, 2013, the registration of transfer of ownership in the name of the Defendants was completed on October 23, 2013 on the ground of each 1/2 share of 1/2 of the housing of 158.68 square meters (hereinafter “instant housing”) in Jeju-si where the registration of transfer of ownership was completed in the name of Jeju-si.
【In the absence of dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 2, Gap’s evidence 4 through 6, Gap’s evidence 8 (each omitted of provisional number), and the purport of the whole pleadings
2. The plaintiff's assertion and the judgment on the plaintiff's assertion are the grounds of the claim against the defendants in this case, and they are the defendants with respect to the land and housing of this case 1 through 3.