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(영문) 청주지방법원 제천지원 2018.07.18 2018가단20084
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff B is the deceased's wife, the plaintiff C, D, E, F, G, and the defendant are the children of the deceased A.

B. The net A owned each of the instant real estate.

On January 8, 2018, the Defendant completed the registration of ownership transfer on January 3, 2018 on each of the instant real estate (hereinafter “instant registration of ownership transfer”) based on donation on January 3, 2018.

The Plaintiffs are seeking procedures for registration of cancellation of ownership transfer registration, which was completed on January 8, 2018 with respect to each of the pertinent inheritance shares listed in the separate sheet No. 1’s respective inheritance shares. Of the real estate listed in the separate sheet No. 503, the Plaintiffs filed for registration of cancellation of ownership transfer registration, and the ownership transfer registration was completed with “No. 502,” among the real estate listed in the separate sheet No. 1’s list.

C. The deceased died on March 20, 2018 after the filing of the instant lawsuit.

The Plaintiffs succeeded to the deceased A’s inherited property in attached Form 2’s respective shares in the inheritance shares table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number number), the purport of the whole pleadings

2. Judgment on the plaintiffs' primary assertion

A. On December 2017, 2017, the Network A requested the Defendant to complete the registration of ownership transfer based on donation under the name of the Plaintiff B, and issued a certificate of personal seal impression, etc. to this end.

The defendant completed the registration of transfer of ownership of this case in the name of the defendant, not in the name of the plaintiff B, by using the above certificate of personal seal impression, etc. as the net A was not well

Therefore, since the ownership transfer registration of this case is null and void without the intention of the deceased A, the defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case with respect to each corresponding share of the real estate of this case as stated in the attached 2 inheritance shares list among the real estate of this case by the deceased A.

B. The registration of ownership transfer was completed on the judgment real estate.

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