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(영문) 창원지방법원마산지원 2015.08.05 2014가단4227
소유권말소등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

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

Reasons

1. Basic facts

A. On September 16, 2013, the ownership transfer registration in the name of the defendant was made on September 10, 2013 with respect to each real estate listed in the separate sheet, which was owned by the deceased C, on September 16, 2013.

B. The deceased C died on February 26, 2014, and the Plaintiff, the E, the F, and the G jointly inherited.

[Ground of recognition] Facts without dispute, Gap 1 and 4 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Plaintiff’s assertion C did not sell each real estate listed in the separate sheet to the Defendant, the Plaintiff obtained a certificate of personal seal impression from the Defendant’s wife and the deceased C, and completed the registration of ownership transfer under the Defendant’s name.

Therefore, since the ownership transfer registration in the name of the defendant is invalid, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration to the plaintiff.

B. The evidence submitted by the Plaintiff is insufficient to acknowledge that the registration of transfer of ownership in the name of the Defendant was made without the cause as alleged by the Plaintiff. The Plaintiff’s assertion is without merit, since there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim is dismissed as it is without merit.

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