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(영문) 수원지방법원안산지원 2014.05.01 2013가단24740
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 and Eul evidence 1, with a comprehensive view to the whole purport of the pleadings:

The Network J (Death on February 7, 1987) married with the plaintiff A on December 25, 1946 and maintained the plaintiff B, C, D, E, and F as his child.

B. The representative L of the deceased J and the non-party K and the defendant clan is between four degrees, and the title of K's father M (the father of July 7, 1975) is N.

C. Each of the real estate stated in the purport of the claim (hereinafter “each of the real estate of this case”) was registered on December 29, 197 in the name of the deceased J and K on December 28, 1970 as one-half shares transfer registration was made on December 28, 1970.

As to each real estate of this case, the registration of transfer of ownership in the name of the defendant was made on January 14, 1995 on April 5, 1980 on the ground of donation.

2. The parties' assertion

A. The deceased J and the non-party K owned 1/2 shares of each of the instant real estate, and the deceased on February 7, 1987, the plaintiffs succeeded to 1/2 shares of the deceased J.

However, K and the defendant representative L abuse the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 4502, hereinafter “Special Measures Act”) to prepare a false or forged guarantee certificate in the name of O, P, Q 3, and then complete the registration of ownership transfer in the name of the defendant on January 14, 1995 with a written confirmation from the Si interest market.

The reason for the registration of the transfer of ownership in the name of the defendant is the donation made on April 5, 1980, and the defendant clan did not exist in April 5, 1980.

Therefore, since the ownership transfer registration in the name of the defendant is null and void, the defendant was owned by the deceased J among each real estate of this case, and the defendant is obligated to implement the registration procedure for cancellation of ownership transfer registration with respect to shares of 1/2 inherited by the plaintiffs.

B. The Defendant’s assertion that K paid the purchase price for each of the instant real estate around December 1970, and each of the instant real estate is paid.

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