beta
(영문) 춘천지방법원 2020.05.28 2019나51410

소유권말소등기

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C (hereinafter “the deceased”) died on or around April 23, 1971, and the inheritor was the deceased, and there is a plaintiff who is D, South Korea, and South Korea, who is the spouse.

B. On June 8, 1981, the Defendant completed the registration of ownership transfer (hereinafter “instant registration”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094; hereinafter “Special Measures Act”) from the deceased, who is the former owner, on April 23, 1971, on the grounds of inheritance of property.

C. On October 14, 2016, D entered into a lawsuit seeking return of unjust enrichment (hereinafter “E unjust enrichment return lawsuit”) against the Defendant on the ground that the Defendant sold the land of 2855 square meters (hereinafter “E land”) prior to Sinju-si, Suwon-si filed a lawsuit seeking return of unjust enrichment (hereinafter “E unjust enrichment return lawsuit”). On August 16, 2017, the conciliation was made with the purport that “the Defendant shall pay D KRW 224.5 million to D”).”

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 7 evidence, Eul 5 evidence (including branch numbers; hereinafter the same shall apply), each statement in this court, significant facts, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, the co-inheritors of the deceased, the Defendant, and D inherited each of the instant lands owned by the deceased in accordance with their inheritance shares. The Defendant completed the registration of the instant case by obtaining a false or forged confirmation and guarantee as if they independently inherited each of the instant lands from the deceased under the Act on Special Measures for the Management of Special Measures, taking advantage of the circumstances in which D is the visually impaired and the Plaintiff was serving in the military.

Therefore, the registration of the part corresponding to the plaintiff's inheritance shares (2/6) in the registration of this case should be cancelled as the registration of invalidation of cause.

B. The instant lawsuit by the Defendant is unlawful on the grounds that the exclusion period of ten years is the exercise of the right to claim inheritance recovery.

In addition, the defendant.