소유권이전등기말소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The instant land was owned by H (Defendant’s high tide). He (Defendant’s high tide) who is the head of H, owned the land by inheritance, and sold it to J around 1972.
Since then, K (Defendant's assistance) purchased from J and completed the registration of ownership transfer in the name of Yong-Nam L on August 29, 1975.
B. On September 25, 1993, the instant land was completed on April 2, 2008 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) on the ground of donation on September 25, 1993.
C. L died on March 27, 1981 (However, the death report was made on October 6, 2016).
Plaintiff
A is L's wife, Plaintiff B, C, and D as L's children.
[In the absence of dispute, Gap 1 to 2]
2. The parties' assertion
A. The land of this case asserted by the plaintiffs is a false guarantee certificate and a written confirmation after L died, and the transfer registration of ownership in the name of the defendant is completed in accordance with the Act on Special Measures for the Prevention of Maritime Affairs. The transfer registration of this case shall be cancelled as the
B. Around November 1992, the Defendant’s assertion that K’s wife M’s suit was drafted, and K divided the property inside the house. At that time, K did not have L to the son N (the Defendant’s father), and N and his descendants were gathered. If the Plaintiff A did so to N, it promised to give the Defendant the instant land donated by L to K.
Accordingly, under the consent of the plaintiffs, the registration of ownership transfer has been completed in the defendant's future in accordance with the Act on Special Measures.
Therefore, the ownership transfer registration of this case conforms to the substantive relationship.
3. The registration completed under the Act on Special Measures for Determination is presumed to be a registration consistent with the substantive legal relationship, and is above.