logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2014.01.15 2012가단4955
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased L was killed on or around July 15, 1973. The deceased L was a child of the deceased L, and there was a long-nam net M (Death on December 14, 1978) and a network N (Death on November 5, 2003) in the south of the deceased. The plaintiff is the wife of the network M, and the defendants are the successors of the network N.

B. On February 22, 1944, the registration of ownership transfer was completed in the name of the plaintiff with respect to J real estate, and K real estate was unregistered real estate registered as the owner of land cadastre L.

C. Under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”), the network N has received a guarantee from the guarantorO, P, and Q to purchase the real estate from R on October 5, 1983, and on December 5, 1983, from R. The real estate is completed with respect to J's real estate under the title transfer registration (hereinafter “the ownership transfer registration of this case”) under the former Jeju District District Court No. 11924, Aug. 31, 1994, received on August 31, 1994, and with respect to K's real estate, the registration of ownership transfer (hereinafter “the registration of ownership of this case”) is completed as of September 1, 1994 by the same registry office (hereinafter “the registration of ownership transfer”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Although the Plaintiff did not purchase each of the instant real estate from the Plaintiff and the deceased L, the Plaintiff and the deceased L obtained a false letter of guarantee and written confirmation as if they were purchased, each of the instant registrations was null and void without any cause. 2) The summary of the Defendants’ assertion is that the Plaintiff’s husband and M, who is the head of the deceased L, operated the mine business before the birth, sold each of the instant real estate to R due to nonperformance, and N sold each of the instant real estate to R.

arrow