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(영문) 대구지방법원경주지원 2020.01.08 2019가단770
소유권이전등기말소
Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Determination as to the cause of claim

A. On May 2, 1963, the purport of the Plaintiff’s assertion was that Defendant B purchased from the former owner F the 90,049 square meters of the land, which was the land before the land was divided into the instant real estate, in the amount needed to be used in the cemetery usage in the house, etc. in around 1963, and the ownership transfer registration was completed in the name of Defendant B, not the purchaser, and the ownership transfer registration was completed in the name of Defendant B, not the purchaser. This is a false ownership transfer registration without the fact of sale.

Therefore, the registration of transfer of ownership, which was completed on June 12, 1963 by the Daegu District Court racing support for Defendant B, and the registration of transfer of ownership, which was completed on June 12, 1963 by Defendant C, based on the registration of transfer of ownership, and the registration of transfer of ownership, which was completed on February 15, 200 under the receipt of No. 6924, Feb. 15, 200, is all the registration of transfer of ownership, which was completed on February 15, 200.

Therefore, among the real estate in this case to the Plaintiff and the Selection, Defendant B is obligated to perform the registration procedure for cancellation of ownership transfer as to the share of 64,285/84,116 shares in this case, and the registration procedure for cancellation of ownership transfer completed as of June 12, 1963 by the Daegu District Court racing support No. 12096, Jun. 12, 1963, and Defendant C is obligated to implement the registration procedure for cancellation of ownership transfer completed as of February 15, 200 by the Daegu District Court Racing support No. 6924, Feb.

B. Inasmuch as the Plaintiff and the designated parties did not prove that they were the owners of the instant real estate or that they had a real right or an obligatory right to seek the cancellation of the above ownership transfer registration in the name of the Defendants as to the instant real estate, the Plaintiff and the designated parties cannot be deemed to have the right to seek the cancellation of the above ownership transfer registration in the name of the Defendants against the Defendants on several occasions (this court ordered the Plaintiff to disclose the real right or the bond) by seeking the cancellation of the ownership transfer registration in the name of the Defendants.

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