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(영문) 창원지방법원 2018.04.12 2016나59840
소유권이전등기
Text

1. The plaintiff's appeal and the plaintiff's preliminary claim against the defendant B added by this court are all dismissed.

Reasons

Basic Facts

The court's explanation on this part is identical to the part of "1. Facts recognized" of the reasoning of the judgment of the court of first instance, and thus, it is citing this in accordance with the text of Article 420 of the Civil Procedure Act.

The first real estate of the Plaintiff’s assertion on the first real estate was originally owned by R, and after R died, S, the father of the Plaintiff, succeeded to it.

T and U completed the registration of ownership preservation in accordance with the Act on Special Measures for the sake of falsity, even though there is no right to each one-half of the first real estates, and the plaintiff who became aware of such fact has filed a criminal complaint against T and U, and T and U have the fact that the above registration of preservation was false.

Meanwhile, the Plaintiff, in consultation with the Defendant clan, entered into an agreement on June 17, 191 and July 16, 1991, stating that part of the real estate shall be owned by the Defendant clans after dividing it into the real estate of Defendant clans, but the Defendant clans were null and void due to its violation of the above agreement, but the Defendant clans completed the registration of ownership transfer of the whole real estate of Defendant 1 in its name.

In the first place, the registration of preservation of ownership in T and U's name, which was completed with respect to the first real estate, is invalid, and the agreement dated June 17, 1991 and July 16, 1991 was null and void due to the violation of the agreement of the defendant clan, and the registration of ownership transfer in this case is also null and void.

Therefore, since the registration of partial transfer of ownership in the name of Defendant C, D, E, F, H, K, L, M, M, J, Defendant (Appointed Party) that was based on it is also null and void, the above Defendants are obligated to implement each procedure for the registration of partial transfer of ownership due to the restoration of real name.

Preliminaryly, if the agreement dated June 17, 1991 and July 16, 1991 is valid, the defendant clan is obligated to transfer ownership of shares 25,785.5/70,116 out of the real estate 1 to the plaintiff in accordance with the above agreement. The defendant clan is currently liable to transfer ownership of shares of the defendant clan 15,14 out of the real estate 1 to the plaintiff.

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