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(영문) 창원지방법원마산지원 2016.09.01 2015가단105363

소유권이전등기 말소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the real estate stated in the purport of claim(hereinafter “the instant real estate”) owned by E (the deceased on March 23, 1968) (hereinafter “the deceased”), the registration of transfer of ownership in the Defendant B’s name was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of the former Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”) from October 15, 1979 to May 7, 1972 by the receipt of No. 58602, supra.

(2) After January 27, 2015, the registration of ownership transfer was completed under Defendant C’s name on January 26, 2015 as the receipt of No. 5182 on January 27, 2015 with respect to the instant real estate.

B. The plaintiff is the deceased's children, and the defendant C is the children of the defendant B.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-3 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion died on March 23, 1968, the grounds for the registration of the transfer of ownership of this case that sold the instant real estate to Defendant B as of May 7, 1972 are false.

In other words, although Defendant B did not purchase the instant real estate from the deceased, he completed the registration of ownership transfer under the Act on Special Measures against the false letter of guarantee, confirmation, etc. or against other lawful procedures.

Therefore, since the registration of ownership transfer of this case and the registration of ownership transfer of Defendant C based thereon are invalid, the Defendants are obligated to cancel each of the above registration of ownership transfer to the Plaintiff, who is the inheritor of the deceased.

B. Around 1967, when the Deceased was living by the Defendants, F, the father of Defendant B, purchased the instant real estate from the Deceased, and the registration of transfer of ownership in this case is valid as it completed the registration of transfer of ownership in Defendant B in accordance with the Act on Special Measures.

3. Determination A.