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(영문) 대구지방법원 2015.02.11 2014나304229
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 5, and Eul evidence No. 10 (including each number), together with the purport of the whole pleadings:

On April 2, 1931, the registration of transfer of ownership in the name of G was completed on April 2, 1931 with respect to the F-Maintenance 1,676 square meters (hereinafter “instant real estate”).

B. After that, on July 5, 1994, the Defendant completed the registration of ownership transfer concerning the instant real estate in the name of the Defendant pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, hereinafter “Special Measures Act”) on May 1995, based on a guarantee that “the Defendant purchases and actually owns the instant real estate from G on August 10, 1969” from the guarantor H, I, and J.

The real estate of this case is currently used as a reservoir site.

C. G died on September 13, 1946 and succeeded to the entire property as the head of Australia by the Republic of Korea, and on May 19, 1992, K jointly succeeded to the property of the Plaintiffs, their children, and their wife, and L also died on July 8, 2013, and the Plaintiffs’ inheritance shares against G property jointly inherited by the Plaintiffs’ inheritance shares are as shown in the attached share calculation sheet of inheritance.

2. The assertion and judgment

A. The plaintiffs' assertion that the defendant completed the registration of transfer of ownership in the name of the defendant on August 10, 1969 for sale with G, but G died on September 13, 1946. Since G was deceased on September 13, 1946, the registration of transfer of ownership in the name of the defendant is the registration of invalidity of cause caused by the conclusion of a sales contract with the deceased who already died.

Therefore, the defendant is obligated to implement the procedure for ownership transfer registration for each plaintiff's corresponding inheritance shares listed in the separate sheet for calculation of inheritance among the real estate in this case to the plaintiffs who inherited the real estate in this case from G.

B. Determination 1.

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