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(영문) 대전지방법원 논산지원 2008. 05. 15. 선고 2006가합708 판결

원인무효에 의한 소유권말소 등기 해당여부[국패]

Title

Whether it constitutes a registration for cancellation of ownership due to invalidity of cause.

Summary

Where the registration of transfer of ownership is invalidated, it is reasonable to cancel the registration of seizure due to the invalid act.

Text

1. A. On the part of the plaintiff ○○, the plaintiff 1:

(1) Defendant 0, 00 among the ○○ species:

registration of transfer of ownership completed by ○○ District Court ○○○○ Branch on July 12, 1999 with respect to the first real property listed in the separate sheet,

registration of transfer of ownership completed on July 12, 1999 by the receipt ○○, with respect to 2 real estate recorded in the same list;

registration of transfer of ownership completed on July 12, 1999 by the receipt ○○, with respect to the third real property recorded in the same list;

With respect to the 4 real estate recorded in the same list, each procedure for cancellation of ownership transfer registration completed on July 12, 1999 by the receipt ○○○, shall be implemented;

(2) Defendant Park ○, Lee ○, and ○○, the following:

For the registration of cancellation of transfer registration of ownership as described in paragraph (1) above with respect to the 4 real estate listed in the separate sheet, the declaration of intention of each acceptance shall be made;

(3) Defendant ○○ City:

For the registration of cancellation of ownership transfer registration listed in paragraph (1) above with respect to the 2 and 4 real estate listed in the separate sheet, each declaration of consent shall be made;

B. On the part of the plaintiff ○○,

(1) Defendant 0, 00 among the ○○ species:

registration of transfer of ownership completed on July 12, 199 by the receipt ○○ on July 12, 199 with respect to the 5 or 13 immovable property in the separate sheet;

With respect to the 14 real estate listed in the same list, each procedure for cancellation of ownership transfer registration completed on July 12, 1999 by the receipt ○○○, is implemented;

(2) Defendant Park ○, Lee ○, and ○○, the following:

For the registration of cancellation of ownership transfer registration listed in paragraph (1) above with respect to the real property listed in the separate sheet 5 to 14, each declaration of intention for each acceptance;

(3) Defendant ○○ City:

For the registration of cancellation of the ownership transfer registration as described in paragraph (1) above with respect to the real property listed in the Schedule 7,9,12, the declaration of each acceptance shall be made;

C. Defendant 0 ○ Duyang:

(1) In accordance with the inheritance ratio indicated in the attached inheritance shares table to the Plaintiff Gangnam-○, Ansan-○, Ansan-○, and Ansan-○, ○○○, and ○○,

On September 21, 1995, with respect to the portion of 1/2 of the real estate listed in the Attachment List No. 15, the above court cancelled by ○○○ on September 21, 1995, and the registration of transfer of ownership No. ○○ on December 20, 197;

on September 21, 1995, each cancelled by ○○○ on January 23, 1980 of the same court, which was cancelled on September 21, 1995, with respect to shares of 1/2 of the real estate listed in the separate sheet 19, 20;

(2) On the part of the Plaintiff, ○○, and ○○,

The registration of transfer of ownership No. 1/3 of the 16 real estate listed in the separate sheet, which was cancelled on September 21, 1995 by ○○○ on September 21, 1995 with respect to each of the 1/3 shares in the same court;

The registration of the transfer of ownership No. 1/3 of the 17 real estate listed in the separate sheet, which was cancelled on September 21, 1995 by ○○○○ on September 21, 1995, respectively, of the same court, with respect to the 1/3 share in the 17 real estate;

(3) The plaintiff Ansan-○

The registration of transfer of ownership No. 00 on August 29, 1981 of the same court cancelled by ○○○ on September 21, 1995 with respect to 1/2 shares in the 18 immovable property listed in the separate sheet;

each procedure for recovery shall be conducted;

D. Pursuant to the inheritance ratio indicated in the attached inheritance shares table to the Plaintiff Gangnam ○○, Ansan○, Ansan○, and Ansan○, pursuant to the inheritance ratio indicated in the attached inheritance shares table:

(1) Defendant 0, 00 among the ○○ species:

(A) out of the shares of 1/2 of the real estate in the Schedule No. 15 listed:

With respect to shares in 13/29 shares, registration of transfer of ownership completed by ○○○ on September 21, 1995 with respect to shares in the above court; registration of transfer of ownership completed by ○○○ on September 21, 1995 with respect to shares in 7/28 shares in the above court; registration of transfer of ownership completed on September 21, 1995 with respect to shares in 1/28 shares in the above court;

(B) out of 1/2 shares of each of the real estates 19,20 listed in the separate sheet;

With respect to each 20/35 shares, the ownership transfer registration completed by ○○○ on September 21, 1995 with respect to each 1/5 shares in the same court; the ownership transfer registration completed by ○○○ on September 21, 1995 with respect to each 1/35 shares in the same court; and the ownership transfer registration completed by ○○○ on September 21, 1995 with respect to each 1/35 shares in the same court.

execution of the procedure for provisional cancellation registration;

(2) As to the 15 real estate listed in the separate sheet, Defendant Kim ○○ shall:

(A) For the registration of cancellation of each transfer of ownership as described in paragraph (1) above, express each consent; and

(B) On August 4, 2005, the procedure was implemented to register the cancellation of ownership transfer registration completed on August 4, 2005 by the recipient ○○ with respect to the three-fourths of the above real estate.

(3) As to the registration of cancellation of each transfer of ownership as described in paragraph (1)(b) above, Defendant Lee ○, ○○○, and ○○○, as indicated in the separate sheet, expressed an intention of each acceptance on the registration of cancellation of each transfer of ownership as stated in the separate sheet

E. The Plaintiff’s ○○, and ○○,

(1) Of the shares of 1/3 of each of the 16 immovables listed in the separate sheet and shares of 1/3 of each of the 17 immovables listed in the same list:

With respect to each share of 1,00/1,758 shares, each procedure for the cancellation of the registration of transfer of ownership completed by ○○○○ on September 21, 1995 with respect to each share of 1,000/1,758 shares in the same court; each procedure for the cancellation of the registration of transfer of ownership completed by ○○○ on September 21, 1995 with respect to each share of 350/1,785 shares in the same court;

(2) As to the 16 immovables listed in the separate sheet, Defendant ○○, Lee ○○, the Republic of Korea, and Cho Jong-○, expressed their intention of each acceptance on the registration of cancellation of ownership transfer registration listed in the above paragraph (1).

F. To the Plaintiff ○○:

(1) Defendant 0, 00 among the ○○ species:

With respect to 20/35 shares out of 1/2 shares in the attached list of 18 real estate in the attached list, the registration of transfer of ownership completed by ○○○ on September 21, 1995 with respect to the shares in 1/5 shares in the same court; the registration of transfer of ownership completed by ○○ on September 21, 1995 with respect to the shares in 1/35 shares in the attached list; the registration procedure for cancellation of transfer of ownership completed by ○○○ on September 21, 1995 in the same court;

(2) As to the 18 real estate listed in the separate sheet, Defendant ○○, ○○, ○○○, and Kim○○, expressed their respective acceptances on the registration of each transfer of ownership listed in the separate sheet, with respect to each transfer of ownership listed in paragraph (1) above.

G. Defendant Park ○, Inc.:

(1) Each transfer registration of ownership completed on February 1, 2002 by the receipt No. 100 on February 1, 2002 with respect to shares of 200/255 out of shares of 17 real estate listed in the separate sheet to the Plaintiff ○○ and Ansan○;

(2) The registration of transfer of ownership completed on February 1, 2002 by the same court on February 1, 2002 with respect to the 4/5 shares out of the 1/2 shares of the real estate No. 20 as indicated in the [Attachment] 1/2] to the Plaintiff Gangnam-○, Ansan-○, Ansan, and Ansan-○, as indicated in the inheritance shares list;

execution of each procedure for cancellation registration;

H. Defendant Park ○-○,

(1) The transfer of ownership completed on February 10, 2004 by the receipt No. 00 on February 10, 2004 with respect to each share of 200/255 among the shares of 1/3 of the shares of 17 real estate listed in the separate sheet to the Plaintiff ○○ and Ansan○;

(2) The registration of transfer of ownership completed on February 10, 2004 by the receipt No. 000 on February 10, 2004 with respect to the 4/5 shares out of the 1/2 shares of the 20 real estate listed in the separate sheet in accordance with the inheritance ratio stated in the inheritance shares list to the Plaintiff Gangnam○○, Ansan○, Ansan○, and

Each cancellation registration procedure shall be implemented.

2. On July 6, 2007, the lawsuit between the Plaintiff ○○, Ansan○, Gangnam○, Ansan○, and Ansan○ and the Defendant ○○○ was concluded on the part of July 6, 2007.

3. The litigation costs shall be borne by the Defendants except the Plaintiffs and the Defendant Ansan-○. The costs after the completion of the lawsuit shall be borne by the said Defendants between the Plaintiff and the Defendant and the Defendant Ansan-○.

Purport of claim

The disposition is the same as the order. [Partial share indications are different, but this seems to be a clerical error. In addition, the plaintiffs asserted that the registration of ownership transfer in the name of defendant ○○○ is null and void, and they seek cancellation of the provisional attachment, provisional attachment, provisional attachment, or attachment registration in relation to defendant Y○○, Lee○, Lee○, ○○, ○○, Kim○, ○○, and Kim○, which completed the registration of provisional attachment or attachment based on the registration of ownership transfer in the above defendant’s name based on the registration of ownership transfer in the above defendant’s name. However, the registration of provisional attachment, etc. is made based on the court’s decision rather than the declaration of intention of the parties concerned, and the provisional attachment, etc. is null and void by the revocation of the decision or the cancellation of execution by the National Administrative Court of Korea, and thus, the plaintiffs cannot seek approval from the above defendants on the registration of cancellation or cancellation of ownership transfer registration which was the basis of the provisional attachment registration (see Supreme Court Decision 198Da1374, Dec. 17, 1998).

Reasons

1. Determination on the defendants' main defense

A. Whether the representative of the plaintiffs' clan exists

(1) Summary of the Defendants’ assertion (excluding Defendant Park ○, Defendant Cho ○, Defendant Kim ○○)

The representative of the plaintiff ○○○ (hereinafter referred to as "the plaintiff ○○") and the plaintiff ○○ (hereinafter referred to as "the plaintiff ○○○") and the plaintiff ○○○ (hereinafter referred to as "the plaintiff ○○○") filed the lawsuit of this case, and the plaintiff ○○ is not a legitimate representative of the plaintiffs' clan, and the lawsuit of this case is unlawful since it was filed by a person who has no legitimate power of representation.

(2) Determination

According to the descriptions of Gap evidence 9-1, Gap evidence 10-1, Gap evidence 11-2, Gap evidence 12, Gap evidence 13, Gap evidence 14-1, Gap evidence 15-1, Gap evidence 16-2, and Gap evidence 17, respectively:

① On January 29, 2003, 203, ○○○○○○○○○○○○○, a member of the Plaintiffs’ clan, is entitled to contact on the convocation of the general meeting for the election of the representative, with 26 members of the clan, and 202 members of the Plaintiff○○○○○○○○, a member of the clan, by mail, and the notice of convening the meeting and proxy form shall be posted to ○○○○○○○○ on February 8, 2003, and on February 23, 2003, the general meeting shall be held on February 23, 200, 192 including 151 members of the proxy form; 165 members of the Plaintiff’s ○○○○○○○○○○○○○, including 132 members of the proxy form; 206 members of the Plaintiff’s general meeting shall have no authority to convene the general meeting for the election of executives of the Plaintiff; 300 members of the Plaintiff’s general meeting shall have no reason for contact 274.7.

(b) Sub-committee agreement;

(1) Summary of the defendant clan's assertion

Defendant clan asserts that there was an agreement on the father’s complaint that ○○○ and ○○○○, on June 26, 199, recognized the ownership of the Defendant clan with respect to the real estate Nos. 15 through 20 listed in the separate sheet on June 26, 199 and did not bring a lawsuit against the Defendant clan.

(2) Determination

However, it is not sufficient to recognize that there was a father's agreement on the part of the defendant's clan by only recording the evidence No. 1, No. 1, No. 2-1, and No. 3 of No. 1, and since there is no other evidence to recognize it, the above assertion by the defendant's clan is without merit.

2. Judgment on the merits of real estate stated in the attached list 1 through 14;

(a) Facts of recognition;

The following facts are: (a) between the plaintiffs' clans and the defendant Park ○, as the above defendant did not appear on the date of pleading but rather on the date of pleading, it shall be deemed that the above defendant led to the confession of all of the plaintiffs' arguments pursuant to Article 150(3) and (1) of the Civil Procedure Act; (b) there is no dispute between the plaintiffs' clans and the remaining defendants, or it shall be recognized by the statements of Gap evidence 2-1 through 14, and Gap evidence 6 through 8 (including each number).

(1) The real estate listed in the separate sheet Nos. 1 through 4 was completed in the future of the Plaintiff’s ○○ book (the first real estate is indicated as “○○ book”, and the second through 4 real estate is indicated as “○○ book,” but it appears to be a clerical error), and the real estate listed in the separate sheet Nos. 5 through 14 was completed in the name of Plaintiff ○○○.

(2) On November 19, 198, after being elected as the representative of the defendant clan on November 19, 1998 at the defendant clan's general meeting (hereinafter referred to as the "the defendant clan's general meeting on November 19, 1998"), on November 21, 1998, he confirmed that each real estate including the 1 through 14 real estate listed in the attached list registered in the plaintiffs' list on behalf of the defendant clans is owned by the defendant clans, and that the plaintiffs, etc. conduct the registration of ownership transfer in the defendant clans and dissolves the defendant clans (hereinafter referred to as the "agreement on November 21, 1998"). The plaintiffs held the clans general meeting on November 22, 1998 (hereinafter referred to as the "the plaintiffs' clans general meeting on November 22, 1998") and resolved that the plaintiffs shall implement the agreement and dissolve the clans."

(3) According to the agreement of November 21, 1998 and the collective meeting of the plaintiffs' clans as of November 22, 1998, the defendant clan completed the registration of transfer of ownership of each defendant's clan as stated in Section 1. A. (1) of the Disposition 1 on the ground of termination of title trust from the plaintiff's ○○ book on June 21, 1999, with respect to the real estate listed in the separate sheet 5 through 14 on the ground of the termination of title trust from the plaintiff's ○ book on June 21, 1999.

(4) As above, with respect to the real estate listed in the separate sheet Nos. 1 through 14 in which the ownership transfer registration has been completed in the future of the defendant clan, the defendant Park Jong-○ was registered by the Daejeon District Court Branch of Daejeon District Court on May 3, 200, and the provisional attachment registration was completed by the defendant Lee Jong-○ on May 18, 200, each of the above courts on the provisional attachment registration by the receipt No. ○○○ on May 18, 2001, and the seizure registration was completed by the receipt of the above court on September 16, 203 by each of the above courts on September 16, 203, and the defendant ○-○ completed the attachment registration by the receipt of No. ○ on October 10, 202 as to the real estate listed in the separate sheet No. 2,4,9, and12 on which the ownership transfer registration was completed in the defendant clan.

(5) However, on November 198, 1998, whose representative was elected by ○○○ from among the members of the defendant clan on the first day of November 1998, ○○○○○○○○○○○○○○○○○○○○○○○○○○○, among the members of the defendant clan, notified several of the members of the clan who reside in ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, without any consent of 198 members, respectively.

B. Determination

(1) Determination of the cause of the claim

Since the property owned by the clan belongs to the collective ownership of the members of the clan, if there is a provision regarding the management and disposition of the clan, it shall follow the resolution of the general meeting of the clan, and even if the property is disposed of by the representative of the clan without following such procedures, it shall be null and void.

According to the above facts of recognition, the agreement between the defendant clan and the plaintiffs' clan on November 21, 1998 is not made through legitimate procedures of resolution of the general meeting of the clan, and its validity is not recognized. The resolution of the collective meeting of the plaintiffs' clan on November 22, 1998 is not effective as a resolution of the general meeting of the clan that was held without legitimate notification of notification for the clan members.

Therefore, the registration of each transfer of ownership as stated in Articles 1. A. (1) and 1.b. (1) of the Disposition No. 1, which was closed in the future of the defendant clan due to the cancellation of the title trust on June 21, 1999 for the above real estate of the plaintiffs' clans. The defendant clan is obligated to implement the registration procedure for cancellation of each transfer of ownership, and provisional seizure or seizure based on the registration of cancellation of the transfer of ownership, is also free of charge, since the provisional seizure is the provisional seizure obligee, defendant Park-○, defendant Lee ○, and defendant ○○, who are the execution creditor, and defendant ○○, and defendant ○○○, who are the execution creditor, are third parties who have a interest in the registration of cancellation of the transfer of ownership, and are obligated to express their intention to accept each transfer of ownership

(2) Judgment on the defendants' assertion

(A) Determination on the assertion by Defendant ○○ and Defendant ○○

Defendant Republic of Korea and Defendant ○○○ asserts that each registration of seizure under his name was made before the cancellation of the registration of transfer of ownership in the name of Defendant clan according to legitimate national or local tax delinquency procedures, and that it cannot be cancelled. Defendant ○○ asserts that the real owner of the real estate concerned is the Defendant clan, and that the seizure of the real estate concerned based on the local tax on Defendant clan is justifiable.

However, in case where the registration of transfer of ownership by the debtor of provisional attachment or seizure is cancelled due to the invalidation of the cause, the validity of the registration of transfer of ownership is retroactively lost, and thus, it cannot be asserted against the legitimate owner as the provisional attachment or seizure conducted on the basis of the registration of transfer of ownership to be cancelled, and there is no evidence to recognize that the above real estate seized by

(B) Determination on Defendant Lee ○-○’s assertion

Defendant ○○ asserts that the Plaintiff cannot respond to the Plaintiff’s request by asserting the public trust of registration. However, our Civil Act does not recognize the public trust of registration that recognizes the acquisition of rights as registered by the person who trusted the registration when the registration, which is the external appearance of rights, does not coincide with the substantive legal relationship, so the above assertion is without merit

3. Judgment on the merits of the real estate indicated in the attached list 15 through 20;

(a) Facts of recognition;

The following facts are: (a) the Defendants did not appear on the date of pleading when they received a written notice of the date without going through service by public notice; (b) pursuant to Article 150(3) and (1) of the Civil Procedure Act, the Defendants were deemed to have led to the confession of all of the alleged facts of the Plaintiffs; (c) pursuant to the above Plaintiffs and the Defendant’s clans, Defendant Kim○, Defendant Kim○, Defendant Park ○, Defendant Park ○, Defendant Park ○, Defendant ○○, Defendant ○○, Defendant ○○, and Defendant ○○, and Defendant ○○, did not conflict between the parties or between the parties, and are recognized by the evidence Nos. 2 and 15 through 20, A evidence Nos. 4, and evidence Nos. 6-2 and 3.

(1) Details of the registration of the real estate in the separate sheet No. 15 to 20

The registration of ownership transfer was completed on December 10, 1979 by 1/2 shares in the name of ○○○, ○○, ○○○, and ○○○○○○, and ○○○○○, respectively, on which the ownership transfer was registered. The real estate listed in the attached list was registered in the attached list on August 29, 1981 by 1/3 shares in the attached list on August 31, 1981; ○○○, ○○, ○○, and ○○, and ○○, and ○○, indicated in the attached list on which the ownership transfer was registered; ○○, ○○, ○○, and ○○, and ○○; ○○, and 1/3 shares in the attached list on which the real estate listed in the attached list was recorded on August 29, 1981; ○○, ○○, and ○○, and 1/3 shares in the attached list.

(2) Action to cancel the registration of transfer of ○○ District Court ○○○○ Branch ○○○○○ Branch ○○○ Branch

Anal○○ refers to the representative of the defendant clan, and as the representative of the defendant clan, about the real estate listed in the separate list Nos. 15 through 20 listed in the attached list by the Daejeon District Court ○○○○○○○ in the position of the representative of the defendant clan, the above real estate is owned by the defendant clan, and is held in title trust with the inside○○○, Ansan○, Ansan○, and Ansan○ in the name of the defendant clan. The plaintiff within○○, the plaintiff within○○, the plaintiff within○○, the inside○, the inside○, the inside○, and the inside○○, and the inside○○, without any cause, completed each registration of ownership transfer from the inside○○,○○, the plaintiff within the name of the registration of ownership transfer, the plaintiff ○○, the inside○, the network○, and the inside○○○ without cause. The above judgment became final and conclusive at that time on October 8, 1993.

(3) Cancellation of the registration of ownership transfer under the name of the Plaintiff Ansan○, the Plaintiff Ansan○, and the Defendant clan, and the registration of ownership transfer under the name of the Defendant clan.

According to the above decision of ○○○, Defendant clan revoked each of the above registration of ownership transfer listed in the separate sheet No. 1. (c) through (3) with respect to the real estate listed in the separate sheet No. 15 through 20, and completed the registration of ownership transfer based on the title trust among the previous registration titleholder's successors (○○, ○○, ○, ○○, ○, and ○○) with respect to each of the above shares in accordance with inheritance shares, and completed the registration of ownership transfer based on the title trust by subrogationing the ownership transfer based on inheritance shares among the previous registration titleholder's successors (○○, ○, ○○, ○, and ○○). Of the previous registration titleholder's successors, Defendant clan completed the registration of ownership transfer based on the title trust from each of the remaining holders of ownership other than Ansan, ○, and 1.1 (f) of the separate sheet.

(4) Acquisition of rights by Defendant clans, Defendant Lee Dong-○, Defendant ○○, Defendant Kim Il-○, Defendant Yoon-○, Defendant Cho Il-○, Defendant Cho Jong-○, Defendant Park Dong-○, Defendant Kim Jong-○, and Defendant Kim Jong-○

As above, when the transfer registration of ownership has been completed in the name of the defendant clan with respect to the 15 through 20 real estate listed in the separate sheet as above, the defendant Kim Jong-○ shall complete the registration of provisional attachment with respect to the 15 real estate listed in the separate sheet as well as the registration of ownership transfer with respect to the 3/4 share of the 3/4 share of the 16 and 18 share of the 3/4 share of the 15 share of the 3/4 share of the 3/4 share of the 3/4 share of the 15 share of the 16, 18, and the 19 share of the 16, 19 share of the 16, 19 share of the 16, 18, and 19 share of the 17 share of the 17 share of the attached sheet, and the registration of ownership transfer due to the 4/5 share of the 4/5 share of the 300 share of the 17 share of the 300 share of the 17 share of the real estate.

(5) The lawsuit to cancel the registration of transfer of 00 co-ownership shares in the Daejeon District Court Gangwon-do.

However, in a lawsuit of the above ○○○○, the plaintiff Ansan○, the plaintiff Ansan○, and the Dongdong○○, filed a retrial suit seeking the revocation of the above ○○○ judgment with the ○○○○○○○○○○○○○○○○, claiming that there was no legitimate authority to represent the defendant’s clan on October 17, 1997, and on the ground that he did not legally represent the defendant’s clan, among the above ○○○ judgment, the above applicant for a retrial (excluding the part of the ○○○○, which was a co-defendant of the ○○○○○○○○○ branch, but did not raise any retrial) was sentenced to the revocation of the corresponding part of the above ○○○○ judgment,

(6) The death and inheritance of the deceased.

On the other hand, on March 20, 1997, ○○○ died and succeeded to the deceased’s property in the same proportion as indicated in the attached inheritance share sheet by the Plaintiff Gangseo-○, Plaintiff Ansan-○, Plaintiff Ansan-○, and Plaintiff Ansan-○, as indicated in the attached inheritance share sheet.

B. Determination

(1) Determination of the cause of the claim

According to the above facts, the above ○○ judgment was revoked by the above ○○ judgment on the part of the Plaintiff, the Plaintiff, the Plaintiff’s Ansan○○, and the Plaintiff’s ○○○○○○, and the deceased’s ○○○○○○, and the part on the Defendant’s ○○○○○○○, which was completed accordingly, and the registration of cancellation of ownership transfer was completed accordingly, and the registration of ownership transfer under the name of the Defendant’s species, the Defendant Kim○, the Defendant Kim○, the Defendant Park○, and the Defendant’s ○○○, which was registered accordingly. Therefore, barring any special circumstance, the registration of ownership transfer under the name of the Plaintiff’s ○○○, the Plaintiff’s ○○, the Plaintiff’s ○○, and the Plaintiff’s ○○○, and the Plaintiff’s ○○, and the Plaintiff’s ○○, which had a duty to cancel the registration of ownership transfer under the name of each of the real estate at issue. Defendant Kim○, Defendant Kim○, and Defendant ○○, and the Defendant’s ○○○.

(2) Judgment on the defendants' assertion

(A) Judgment on the argument of the defendant clan

In regard to this, the above decision of the defendant clan was revoked for the formal reason that it is a lawsuit by a person without legitimate power of representation, and since the above real estate is owned by the defendant clan, it is valid for the registration of transfer of ownership in the name of the defendant clan to conform with the substantive legal relationship, so it cannot comply with the above plaintiffs' claims on the premise that each registration

However, according to ○○○○○○○’s ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○ ○ ○ ○ ○ 27 years old), each of the above 1-year ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○○ ○○ ○○ ○○ ○.

According to the above facts of recognition, it is reasonable to view that the real estate listed in the attached list 15 through 20 is owned by the plaintiff ○○ who is a joint ancestor with 20 years of age or older ○○, and therefore, the above real estate is owned by the defendant's clan, which is premised on the ownership of the defendant's clan, is without merit.

(B) Determination on the assertion by Defendant Kim○-○, Defendant Park Dong-○, and Defendant Park Dong-○

Defendant ○○○, based on a judgment seeking a lawful exchange contract with Defendant clan and a performance of such exchange contract, completed the registration of ownership transfer of the relevant real estate, and completed the registration of ownership transfer to Defendant clans pursuant to the exchange contract, so it is not possible to comply with the registration procedures unilaterally only for himself/herself. Defendant ○○ and Defendant ○○○○, who completed the registration of ownership transfer of the relevant real estate through voluntary auction procedures or compulsory auction procedures. Defendant ○○ and Defendant ○○, who trusted the auction procedure and acquired ownership by State agencies, cannot comply with the above Plaintiffs’ claims

However, in a case where the registration of ownership transfer was cancelled by a formal final and conclusive judgment, and the final and conclusive judgment became final and conclusive later, the final and conclusive judgment which became the cause of the registration of ownership transfer was cancelled retroactively. Thus, the cancellation of the registration of ownership transfer was made without cause for registration, and the person who completed the registration of ownership transfer has ownership according to the content of the registration, and if the third party obtained the registration of ownership transfer of the above real estate from the third party, it would be the invalid registration acquired from the unauthorized person. Thus, if the third party obtained the registration of ownership transfer of the above real estate from the third party, the person is obliged to perform the registration of cancellation, and there is no reason to view that the third party received the registration of ownership transfer transfer from the auction procedure, and there is no reason to view that the above Defendants’ rights were cancelled by the cancellation of the registration of ownership transfer under the name of the Plaintiff ○○○, the Plaintiff, the deceased, the heir of ○○○○○, the former registered titleholder, the heir of the clan○○○, and the above Defendants’ right to the above registration of ownership transfer.

(C) Determination on Defendant ○○’s assertion

The defendant Republic of Korea asserts that the registration of seizure was made before the registration of ownership transfer in the name of the defendant clan was cancelled in accordance with legitimate procedures for national tax delinquency.

However, as seen earlier, in cases where the registration of transfer of ownership to a debtor in the real estate attachment procedure is cancelled due to the invalidation of the cause, the registration of transfer of ownership is retroactively invalidated, and thus it cannot be asserted against a single owner on the ground of the attachment procedure conducted based on the registration of transfer of ownership to be cancelled.

4. After the completion of the lawsuit between the plaintiff's Ansan-○, the plaintiff's Ansan-○, the plaintiff's Gangwon-○, the plaintiff's Ansan-○, the plaintiff's Ansan-○, the plaintiff's Ansan-○, and the defendant's Ansan-○, the above plaintiffs submitted a preparatory document on the merits, or withdrawn the lawsuit against the defendant's Ansan-○ on July 6, 2007, which was before the plaintiff's statement or pleading was made or made during the preparatory date for pleading, and even though the lawsuit does not require the defendant's consent, the defendant Ansan-○, who was appointed the law firm's representative on August 14, 2007 as the legal representative, submitted a preparatory document and present at the preparatory date for pleading. The above lawsuit is declared to have been withdrawn on July 6, 2007.

5. Conclusion

Therefore, the plaintiffs' claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices on the closure declaration of litigation between the plaintiff's Ansan-○, the plaintiff's Ansan-○, the plaintiff's Gangwon-○, the plaintiff's Gangwon-○, the plaintiff's Ansan-○, and the plaintiff's Ansan-○ and the defendant's Ansan-○

Table 3

1. ○○○-si ○○-ri ○○-ri 202 square meters;

2. ○○-si ○○-ri ○○-ri 612 square meters;

3. ○○○-si ○○-ri ○○-ri 493 square meters of forest land;

4. ○○○-si ○○-ri ○○-ri 1,084 square meters;

5. ○○○-si ○○-ri ○○○-ri 28 square meters;

6. ○○○-si ○○-ri ○○○-ri 241 square meters of forest land;

7. ○○-si ○○-ri ○○-ri, 1,392 square meters of forest land;

8. ○○-si ○○-ri ○○-ri ○○-ri 159 square meters;

9. ○○-si ○○-ri ○○-ri ○○-ri 1,01 square meters;

10. ○○-si ○○-ri ○○-ri ○○-ri 37 square meters;

11. ○○-si ○○-ri ○○-ri ○○ 536С;

12. ○○-si ○○-ri ○○-ri, 1,213 square meters of forest land;

13. ○○-si ○○-ri ○○-ri ○○-ri 92 square meters;

14. ○○-si ○○-ri ○○-ri ○○-ri 496§³;

15. ○○-si ○○-ri ○○-ri, 13,372 square meters of forest land;

16. ○○-si ○○-ri ○○-ri, 169,48 square meters of forests and fields;

17. ○○-si ○○-ri ○○-ri, 101,553 square meters of forest land;

18. ○○-si ○○-ri ○○-ri ○○○-ri 209,950 square meters;

19. ○○-si ○○-ri ○○-ri ○○, 34,612 square meters of forest land;

20. ○○-si ○○-ri ○○-ri ○○-ri 215,00 square meters of forests and fields;

Table of Inheritance Shares

The heir and shares of the deceased ○○ (Death on March 26, 1997)

1. Creditor ○○: 3/9;

2. Creditor ○○, ○○, and ○○: 2/9 respectively.