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(영문) 청주지방법원충주지원 2016.08.17 2016가단1611

소유권말소등기

Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant C is the Cheongju District Court’s voice registry office on April 2015.

Reasons

1. Basic facts

A. Defendant B is the father of the Plaintiff’s network D’s husband, and Defendant C is the father of Defendant B.

B. After the deceased on December 31, 2010, the ownership transfer registration on the real estate listed in the separate sheet (hereinafter “instant real estate”) that was owned by the deceased on December 31, 201 was made under the name of the Plaintiff on March 3, 201, based on inheritance by agreement and division as of December 31, 2010.

In addition, on March 3, 2011, the registration of transfer of ownership was made on the ground of sale on February 25, 201 for each of the instant real estate on March 3, 201, and again on April 30, 2015, the registration of transfer of ownership was made on April 29, 2015 under the name of the Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff leased the instant real estate to a third party after the deceased of the deceased, and received rent of KRW 250,000 per month. However, Defendant B requested the Plaintiff to live in the instant real estate around January 201, and the Plaintiff leased the instant real estate to Defendant B without preparing a separate lease contract. The Plaintiff was paid KRW 3,00,000 and KRW 250,000 per month from Defendant B.

Since then, Defendant B was old, who did not read Korean language, ordered the Plaintiff to make a registration of inheritance in the name of the Plaintiff on the instant real estate, and the Plaintiff delegated the registration to a certified judicial scrivener office together with Defendant B.

However, it later known that the registration of inheritance was made in the name of the plaintiff for the real estate in this case, and at the same time, the registration of ownership transfer was made in the name of defendant B, and thereafter the registration of ownership transfer was made in the name

Ultimately, each transfer registration of ownership registered in the name of the Defendants should be cancelled as the invalidation of the cause.

3. In respect of any real property, the estimated calendar for a single scam, and for a registration.