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(영문) 대구지방법원 2019.01.30 2016가단114214

소유권이전등기

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1. Of the Plaintiff’s lawsuit against Defendant B, the part demanding the cancellation of ownership transfer registration, Defendant F, G, and H.

Reasons

Basic Facts

With respect to the land of 1,825 square meters in Sinsan-si I (hereinafter “the land prior to subdivision”), the registration of transfer of ownership in the name of DongJ on July 5, 198 was completed on July 4, 198, and on February 27, 1991, the registration of transfer of ownership in Defendant B (hereinafter “the registration of transfer of ownership in this case”) was completed on February 12, 1991.

Since then, on July 21, 1997, the land before subdivision was divided into the real estate listed in the separate sheet (1) on July 21, 1997 (hereinafter referred to as the “instant land”) and the K 240 square meters in Sinsan-si.

The network N (hereinafter “the deceased”) that operated the inspection of MM located L located L located L located L in Busan City had Defendant C, B, and D as their children in marriage withO, and married with Defendant E on August 13, 1973 and left the Plaintiff as their children on August 13, 1973. On March 13, 2015, the Plaintiff died and was jointly inherited by Defendant C, B, D, and the Plaintiff.

On November 20, 2014, a testamentary book was prepared to the effect that “the deceased inherits I to the plaintiff (hereinafter “the testamentary book of this case”)” (hereinafter “the testamentary book of this case”), and Defendant E obtained the approval seal of the Daegu Family Court on July 20, 2016 with regard to the testamentary book of this case as the Daegu Family Court No. 2010134.

On the other hand, the deceased J died on November 6, 2007, and his wife F, Defendant G and H (hereinafter “the seller of this case”) shared inheritance.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 9, 11, 17, 18 (including paper numbers; hereinafter the same shall apply), Eul 6 and 9 evidence, and Eul 6 and 9 evidence as a whole, and the plaintiff deceased's assertion of the purport of the whole argument that Eul 6 and 9 were the parties concerned, who purchased the land of this case from the deceased JJ and completed the registration of transfer of ownership by concluding the title trust agreement and the transfer of ownership of this case. Thus, the above title trust agreement and the transfer of ownership are null and void, while the contract between the deceased and the deceasedJ is valid.

Therefore, the right to claim the transfer of ownership is based on the above sales contract.