(영문) 수원지방법원여주지원 2014.11.18 2013가단14929

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(영문) 수원지방법원여주지원 2014.11.18 2013가단14929

소유권이전등기 말소등기 등

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. Determination as to the claim against the defendant B

A. The facts of recognition are that the plaintiff and the defendant Eul's father were deceased on September 17, 2005, and that the real estate listed in the attached Tables 1 and 2 (hereinafter "E land") owned by D was completed on September 20, 2005 on September 21, 2005 due to the gift from September 20, 2005, there is no dispute between the parties.

B. (1) The Plaintiff asserts that the registration of transfer of ownership of Defendant B’s land E is null and void since it was made after D died of his normal declaration of intention due to old age and dementia. As such, the Plaintiff asserts that the registration of cancellation is sought as a co-owner’s preservation act.

Shed Defendant B argues that since D decided to donate land E to Defendant B before birth, the transfer registration of ownership in Defendant B is consistent with the substantive relationship, and that the Plaintiff’s assertion of the share in inheritance is in violation of the good faith principle that the Plaintiff, who acquired the price for selling land E, claims the share in inheritance. Even if the registration is null and void, other inheritors recognized the ownership of Defendant B, and thus, the Plaintiff’s claim should be recognized only as to

C. (i) The registration completed by an application for registration under the name of the deceased is not deemed to be presumed to be invalid, but the registration is not deemed to have been completed lawfully in accordance with the above procedure, if the decedent is living in the area of the person liable for registration or the person liable for registration, but the inheritance commenced in the area of the person liable for registration without filing an application for registration, if the decedent lives in the area of the person liable for registration or the person liable for registration, the registration filed by him/her pursuant to Article 47 of the Registration of Real Estate Act shall not be deemed null and void. Therefore, even if the registration completed by the person liable for registration was completed before the person liable for

참조조문

-부동산등기법 제47조

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