소유권이전등기말소 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The plaintiff (appointed party) is the plaintiff.
1. Basic facts
A. The network D was composed of F, net A (hereinafter “the deceased”), B, G, and H, but the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated parties (hereinafter “Plaintiffs”), both the Plaintiff and the designated parties (hereinafter “Plaintiffs”) are the inheritors of the deceased.
The Deceased died on August 8, 2018.
B. The former Special Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562) entered the ownership transfer registration in the name of the deceased on July 30, 1984 with respect to the whole land of this case on the ground that the land was registered as the co-ownership of the network D and I on July 30, 1974. On September 10, 1986, the former Special Act on Special Measures for the Registration, etc. of Ownership of Real Estate was completed on September 10, 1986 under the Defendant’s name (hereinafter “the registration of this case”).
B. On February 16, 2015, HJ completed the provisional disposition registration on the instant land by deeming the right to claim the transfer registration of ownership by sale as a preserved right.
J filed a lawsuit against the Defendant for the transfer of ownership of the instant land, and received KRW 130 million from J, and at the same time, rendered a partial favorable judgment against the J on May 18, 2014 that the Defendant shall implement the procedure for the transfer of ownership of the instant land due to the sale and purchase (Seoul District Court 2015No. 12019), but the Defendant appealed against the Defendant, and the appellate court rendered a judgment that the claim of the J is dismissed in its entirety on the grounds that the existence of a sales contract between the Defendant and J cannot be recognized in the appellate court.
(No. 2016Na4405). J appealed, but the appeal was dismissed, and the above judgment became final and conclusive.
C. On the ground of the instant land, there was a building registered as preservation of ownership on October 20, 2003 under the name of the deceased (hereinafter “instant building”). However, on October 20, 2003, the registration of preservation of ownership of the instant building was completed, under the name of the J on October 20, 2003.