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(영문) 대구지방법원 2014.12.19 2014가단17234
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 16, 1937, 1937, the registration of ownership transfer was completed in the name of F on March 16, 1937, with respect to the land at 859 square meters (in the case of the above land, it is divided into 2701 square meters and 139 square meters for E, Gyeong-do, Gyeong-si, Gyeong-do, and 139 square meters for E, but it is not divided into a copy of the register and is registered in 859 square meters before Gyeong-do, Gyeong-do.

B. The F died on August 3, 1966, and the F jointly succeeded to the networkF’s property on his wife (the deceased on April 11, 1976, as his children, H, I, the Plaintiff, J, and K), H, I, the Plaintiff, J, and K.

C. F’s private villages completed the registration of ownership transfer of L on April 8, 1976, 5681, such as Daegu District Court and the racing support, etc., for the instant land, with respect to the instant land, the registration of ownership transfer of L on the ground of sale on December 17, 1971.

(hereinafter “instant transfer registration”) D.

On the other hand, L had married with M on June 1, 1927 and had been married to it, but on December 26, 1940, M died and married with N on December 6, 1943, L died on July 15, 1994, and the plaintiff, his wife N (the deceased on November 25, 2001, and the deceased's father's O) and O, his wife, jointly succeeded to the lost L's property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-6, Gap evidence 2-1-3, Gap evidence 3-1-4, Gap evidence 5, the purport of the whole pleadings

2. Although F, who was the owner of the land of this case claimed by the Plaintiff, died on August 3, 1966, the transfer registration of ownership in this case was completed as of April 8, 1976, and the sale and purchase as of December 17, 1971 was stated as the cause of registration, and thus, the transfer registration of ownership in this case becomes null and void since the presumed capacity becomes extinct as the registration after the former owner died. Thus, the Defendant, who is the heir of the deceased L, should cancel the registration of ownership transfer in this case as to the inheritance shares.

3. Determination

(a) A registration made by an application for registration in the name of the deceased shall be presumed to have the effect of registration as an invalidation of cause;

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