logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2016.08.10 2015가단931
소유권이전등기등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 18, 1998, with respect to the registration of the establishment of a neighboring mortgage of KRW 3,716 square meters, which was owned by the net F, the debtor D, the maximum debt amount of KRW 280,000,000, to the defendant U.S. on August 18, 1998; on September 25, 2002, the registration of the establishment of a neighboring mortgage of KRW 42,000,000 was completed.

B. On May 30, 2005, the deceased F sold the registration of ownership transfer by selling 1/2 shares to I and J 3,716 square meters of the above G G 3,716 square meters and H 185 square meters of the above G G G 3, which he own.

C. On October 23, 2013, Defendant D completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the gift on October 10, 2013 (hereinafter “instant gift”) with respect to the instant land owned by the network F, Defendant D completed the ownership transfer registration on October 10, 2013, and completed the instant establishment registration on October 30, 2013 with respect to the instant land (hereinafter “instant gift”).

The deceased on November 13, 2014, the deceased on the deceased on November 13, 2014, there are K (Inheritance Shares 3/11) and the Plaintiffs and Defendant D (Inheritance Shares 2/11, respectively) who are their children.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 8, 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the primary claim against Defendant D and the claim against Defendant CFC

A. The plaintiffs' assertion completed the registration of transfer of ownership in this case by forging the power of delegation, etc. in the name of the deceased F, or the registration of transfer of ownership in this case was completed in violation of the registration procedure because the certified judicial scrivener entrusted with the application did not confirm the intention of delegation by the deceased F, who is responsible for registration. Even if it is not so, the former F is invalid by concluding the donation contract in the state of office capacity. Thus, the transfer of ownership in this case is registration of invalidation within the scope of the plaintiffs' inheritance share, and the registration of transfer of ownership in this case is also registration of establishment of ownership in the same scope.

arrow