원인무효에 의한 소유권이전등기말소등기
1.The judgment of the first instance shall be modified as follows:
The plaintiffs' action against the defendants is null and void.
Facts of recognition
The reasoning for this part of the court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, since the reasoning for this part of the court’s reasoning is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to adding “the name of the court” to “the cause of the second instance judgment.”
The reasoning for the plaintiffs' argument in this part is as follows: "The deceased J agreed to cancel each registration of ownership transfer of this case prior to the death of the deceased," and at least the deceased J promised to dispose of the plaintiffs' own property and pay 1/5 of the market price of each of the real estate of this case to the plaintiffs as the plaintiffs sent a certificate of provisional disposition upon completion of the registration of provisional disposition and the certificate of contents on the 4/5 portion of each of the real estate of this case. The defendants succeeded to the obligation to pay the amount of money of the deceased J. Thus, the defendants are the same as the reasons for the judgment of the court of first instance except for adding "the defendants are obliged to pay the amount equivalent to 1/5 of the market price of each of the real estate of this case to the plaintiffs according to their own inheritance shares."
We examine the validity of the plaintiffs' claim for cancellation due to the invalidation of the cause of the plaintiff's lawsuit against the defendants ex officio in determining the main claim of the market.
On the ground that one of the co-inheritors completed the registration of ownership transfer of each of the instant real estate, an inherited real estate due to an inheritance by an agreement division, and that such agreement division was made without the consent of the other co-inheritors, and thus the other co-inheritors’s claim for cancellation of such registration constitutes a lawsuit for recovery of inheritance.
(See Supreme Court Decision 2007Da17482 Decided March 10, 201). Even based on the Plaintiffs’ assertion, the Plaintiffs objection.