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(영문) 의정부지방법원 2012.09.27 2012가단10515
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Each real estate listed in the separate sheet of the reasons for the plaintiffs' claims (hereinafter the real estate of this case) was owned by the network E in its original condition, and the plaintiffs are the successors of the network E.

E A. On April 2, 2006, the traffic accident occurred and died on April 6, 2006. On April 5, 2006, the Defendant completed the registration of ownership transfer stated in the purport of the claim (hereinafter referred to as the “registration of ownership transfer”) on the real estate of this case on March 24, 2006.

Since the ownership transfer registration of this case is void due to the failure of E in a mixed state, the defendant is obligated to implement the cancellation registration procedure to the plaintiffs who are the heir of the network E.

2. Facts of recognition;

A. On April 2, 2006, E died on April 5, 2006.

B. The transfer registration of ownership in this case was completed on April 5, 2006 due to sale on March 24, 2006.

C. Before death, E limited the right to issue a certificate of seal impression to him/herself and to F. However, on April 3, 2006, F issued a certificate of seal impression for real estate sale on behalf of oneself, and E delegated E’s license to a certified judicial scrivener with the above certificate of seal impression attached.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), H community service center, and the first office of a certified judicial scrivener; the purport of the whole pleadings

3. According to the above facts, it is recognized that the registration made after the death of the person liable for registration had already existed before the death of the person liable for registration (see, e.g., Supreme Court Decision 95Da51991, Nov. 28, 1997). According to the above facts, the transfer of ownership in this case had a cause for registration before the death of E, and as such, the registration was completed before the death of the person liable for registration, it is clearly recognized that

In addition, registration of transfer of ownership is made by the former registered titleholder.

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