소유권이전등기말소
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 22, 1958, the deceased E (hereinafter “the deceased”) completed the marriage report with D on June 22, 1958, and between D and D, F (ma), Defendant B (mams), Defendant C (mas), G (3 women), and Plaintiff (E) as children.
B. On September 11, 1963, the Deceased completed the registration of transfer on December 31, 1954 with respect to one real estate listed in the separate sheet (hereinafter referred to as "the instant real estate," among the real estate listed in the separate sheet, and individually, according to the separate order), and on March 20, 1965, the registration of transfer based on the sale on September 20, 1954 for the instant two real estate, and the registration of transfer based on the sale on February 20, 1965 for the instant three real estate on July 6, 1952.
C. As the Deceased died on March 19, 2016, on March 26, 2018, with respect to 6/26 shares of the instant real estate under D’s name, the registration of ownership transfer was completed on March 19, 2016 with respect to 4/26 shares of the instant real estate in the name of F, the Defendants, G, and the Plaintiff, who are their children.
D On March 26, 2018, the Defendants completed the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer”) based on the purchase and sale (hereinafter “instant sales contract”) on March 16, 2018, from the Ulsan District Court’s receipt of No. 43312, Mar. 26, 2018, with respect to each of the three-six shares of the instant real estate in the name of the Defendants.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 8, purport of the whole pleadings]
2. Whether the lawsuit of this case is lawful
A. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendants are D’s children, and D, even if in collusion with the Defendants and did not actually conclude the instant sales contract, the Defendants would have completed the registration of ownership transfer of the instant real estate after concluding the instant sales contract. The instant sales contract is null and void as a false declaration of agreement, and thus, based thereon.