(영문) 대구지방법원 2017.08.23 2017가단4048

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(영문) 대구지방법원 2017.08.23 2017가단4048

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is the south of D, and the defendant is the south of D.

D On December 11, 2006, as an inheritor, died of 2 South and North Korea including the Plaintiff and the Defendant.

B. On March 5, 1968, the Plaintiff registered the transfer of ownership on the register of 3,667 square meters in Cheongdo-gun, Cheongdo-gun, Cheongdo-do (hereinafter “instant land”). On February 27, 1999, the area at the time of the registration was 1131 square meters (379 square meters in size) and 72 square meters in size among them was divided into other land. Under any circumstance, on May 14, 1993, the Plaintiff completed the registration of ownership transfer on the ground that 327/1782 shares in E remains in E, on the condition that 327/1782 shares in this case were transferred to E, and on November 19, 201, the registration of ownership transfer was completed on the ground that the Plaintiff owned the remaining 145/1782 shares, which are equity shares.

C. On December 5, 2007, the Defendant completed the registration of ownership transfer on the ground of donation pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 7500).

After that, the shares of the defendant were transferred to F on October 13, 201 on the grounds of sale.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts as follows.

The instant land was originally 1782 square meters, but was written in 1131 square meters from the registration injury.

The Plaintiff purchased 1782 of the instant land from E on March 2, 1968. During the process of correcting D’s portion to the area on the registry at the time, D arbitrarily registered 327/1782 of its portion in its own future, and later, on December 5, 2007, the Defendant made the registration of ownership transfer for D’s portion without permission using the Act on Special Measures for the Registration, etc. of Ownership of Real Estate for the Registration of Real Estate.

Therefore, the defendant's registration must be cancelled due to the invalidation of the cause, but the plaintiff on behalf of the plaintiff.

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