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(영문) 광주지방법원 2017.10.13 2016나60941
소유권말소등기 등
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, the invalidation, and Article 4502, the "Special Measures Act"), the Plaintiff completed the registration of ownership transfer on June 7, 1995 for the real estate of 1,6,7,9,10 among the real estate listed in the separate sheet (hereinafter "each of the instant real estate", and, individually, "the instant real estate"), and on June 13, 1995 for sale on May 5, 1984.

B. Defendant B completed the registration of ownership transfer as to the real estate of this case 1, 2, 3, 4, 5, and 6 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, 7500, hereinafter “Special Measures Act”) by the Gwangju District Court No. 27072, Feb. 18, 2008 due to sale on June 25, 1995.

C. Defendant D’s clan (representative Defendant B, Defendant 3’s clan) completed the registration of ownership transfer as of February 18, 2008 received on February 18, 2008 by the Gwangju District Court’s registry No. 27071, respectively, due to the gift on June 18, 1995, pursuant to the Special Assistance Act No. 7500. 7,8,990.

Defendant C’s clan (representative Defendant B’s Dong Dong E, hereinafter “Defendant 2’s clan”) completed the registration of ownership transfer as of April 10, 2013 by the Gwangju District Court No. 8622, May 3, 2013, on the ground of donation on April 10, 2013.

E. Defendant 3’s clan completed the registration of establishment of a mortgage on the instant 2 real estate as the registration office of the Gwangju District Court No. 27073, Feb. 18, 2008; Defendant 2’s clans on the instant 6 real estate as the registration office No. 27074, Feb. 18, 2008; and the registration of establishment of a mortgage on the instant 9,10 real estate as the registration office No. 71724, Apr. 25, 2008, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 through 13, respectively.

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