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(영문) 울산지방법원 2016.05.12 2014가합7687

소유권이전말소등기 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and defendant E were his father M (hereinafter “the deceased”) and mother NN, and the deceased died on January 22, 1991, and N on August 4, 1994.

B. The deceased owned each real estate listed in [Attachment 1] Nos. 1, 5, 6, 7, 8, and 10 of the attached list (hereinafter “the real estate owned by the deceased”). However, according to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094 of Dec. 31, 197, No. 4502 of Nov. 30, 1992, and No. 7500 of May 26, 2005, respectively; hereinafter “Special Measures Act”), the ownership transfer registration or ownership preservation registration was completed in the future of Defendant E pursuant to the following provisions:

According to each description of No. 2 of the certificate No. 6,417 square meters A in Yangsan-si for the purpose of registration of the date of registration of real estate registration, the statement of No. 6,479 square meters in a complaint seems to be a clerical error.

On January 26, 1981, the gift transfer transfer on March 4, 1973, 200 m. P 301 m. on August 28, 1980 m. Q 545 m. on August 28, 1980 m. on August 28, 1980, the ownership transfer of 3,607 m. on January 26, 1981, the ownership transfer of 5 Yangsan-si on March 4, 197 m. 5 m. on April 2, 2007, J 1,308 m. 20 m. on April 6, 2007, according to each entry on August 19, 200 m., 720 m. on April 2, 1973.

On May 4, 1995, the transfer of ownership of donations on June 1, 1978

C. As to the real estate listed in [Attachment 1] Nos. 2, 3, 4, and 9 (hereinafter “real estate in the name of a third party”), the ownership transfer registration was completed in Defendant E in accordance with the Act on Special Measures.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Judgment as to the main claim

A. Defendant E’s assertion regarding the claim against Defendant E is to prepare a false guarantee on each real estate listed in the separate sheet No. 1, which was owned by the Deceased, and transfer of ownership as listed in the separate sheet No. 2, according to the Act on Special Measures.