소유권이전등기말소
1. Defendant C shall have the share of 61/105 square meters in the area of 823 square meters and 826 square meters in each of the 823 square meters and E preceding 826 square meters in the city of Pakistan to the Plaintiff.
1. Basic facts
A. F completed the registration of ownership transfer on the ground of “the completion of repayment on December 28, 1964,” with respect to “The fourth 499 square meters before Pakistan-si on June 22, 1965.”
F On April 19, 1974, the heir died with her wife G, son-Nam, son-Nam, Defendant C, C, C, son-Nam, H, and girls I.
B. On May 26, 1981, the above land was divided into 823 square meters and 826 square meters (hereinafter “instant land”). As to the instant land on the same day, Defendant C completed the registration of ownership transfer on the ground of “the number of copies on April 1, 1974” under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) based on Article 8198 of the receipt of the Goyang-gu District District Court’s receipt registration office with respect to the instant land.
C. On August 3, 1993, Defendant B completed the registration of ownership transfer on the land of this case due to the reason of "the donation on May 30, 1982" received on August 3, 1993 by 19337, which was received on August 3, 1993.
G died on July 9, 2015.
[Reasons for Recognition] Gap 1, 3, 5 evidence, Gap 2-1 and 2
2. Assertion and determination
A. Defendant C did not receive the instant land from F or complete the registration of transfer of ownership based on the Act on Special Measures. The registration of transfer of ownership under Defendant C’s name with respect to the said land is null and void as it was based on the fact that she had completed the registration of transfer of ownership with false guarantee certificates and confirmations as if Defendant C donated the said land.
As to the instant land, the registration of ownership transfer under Defendant B’s name was based on the registration of ownership transfer in the name of C, which is null and void, and as there is no fact that Defendant C received the instant land from F or donated it to Defendant B, the cause is null and void.
The instant land was jointly inherited by the F and G’s children, and following the Plaintiff’s assertion by the F and G’s children: (a) Plaintiff 32/105; (b) Defendant C22/105; (c) Defendant B2/105; (d) H22/105; and (e) Defendant I’s death.