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(영문) 제주지방법원 2016.08.04 2015가단55334
소유권이전등기 말소등기 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

The registration of ownership transfer in the name of J was completed with respect to the area of 20,902 square meters (hereinafter “the land before the division of this case”) before Seopopopopo-si prior to the division of basic facts.

The J died on December 3, 1957, and K succeeded to Australia.

K reported marriage with L on the family register on December 19, 1957. Between L and children, there are Defendant F (ma, M) and Plaintiff A (n, N).

In addition, K created Plaintiff B (n, P), Plaintiff C (ma, Q), Plaintiff D (n, R), and Plaintiff E (n, female, and S) between K and K.

K died on October 6, 1992, and L died on May 27, 1995.

Defendant F, based on the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate enacted by Act No. 3094 on December 31, 1977 (hereinafter “Special Measures Act”), completed the registration of ownership transfer based on the gift made on September 29, 1980 on the land before subdivision by Seopo District Court No. 35123, Sept. 29, 1980.

On June 30, 2014, the land before the instant partition was divided into 14,038 square meters (hereinafter “instant land”) and 6,864 square meters (hereinafter “instant land”) before Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land 2”).

Defendant F donated the instant land No. 2 to Defendant G on August 18, 2014, and completed the registration of ownership transfer on August 25, 2014.

[Reasons for Recognition] A’s non-contentious facts, Gap’s evidence 1-3, Gap’s evidence 2-1 through 4, Gap’s evidence 3-1 through 3, and the plaintiffs’ judgment as to the cause of claim as to the whole of the pleadings, the transfer of ownership in Defendant F’s name concerning the land before the division of this case’s assertion is null and void as it is based on a false guarantee document.

Therefore, the registration of ownership transfer for each land of this case, which was completed based on the registration of ownership transfer as above, is also null and void.

The Defendants are obligated to implement the cancellation registration procedure with respect to each of the instant land to the Plaintiffs.

Judgment

under the Act on Special Measures.

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