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(영문) 창원지방법원마산지원 2017.08.10 2017가단101303
소유권이전등기
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. Facts of recognition;

A.D sold the site for all of the site located in Yongsan-gu, Changwon-si E to a stock company for the purpose of housing construction project, housing site creation construction project, etc.

The representative is FF registered as an internal director, and FF died on February 22, 2017.

B. Defendant B completed the registration of ownership transfer based on sale on February 9, 2017, with respect to the real estate listed in the separate sheet No. 1 attached hereto owned on February 24, 2017.

C. Defendant C completed the registration of ownership transfer based on sale on January 9, 2017, with respect to the real estate listed in the separate sheet No. 2 list owned on February 27, 2017.

On October 25, 2016, the Plaintiff was prepared and delivered a real estate sales contract termination agreement with D, stating that “as a sales contract for the site of electric source housing is rescinded, the Plaintiff shall pay KRW 70,000,000 out of the prepaid purchase price until December 30, 2016.”

[Ground of recognition] Facts without dispute, Gap's evidence 1 and 2, witness G, H's testimony, and the result of an order to submit a report to the Gyeongnamdo Medical Center by this court, the purport of the whole pleadings

2. Judgment as to the main claim

A. The registration of transfer of ownership completed by the Defendants on the real estate listed in the separate sheet shall be cancelled since it is a registration of invalidity of cause completed by the application for registration after the representative F of D dies.

B. Although there is no room for recognizing the presumption of registration as a registration invalidation by an application for registration under the name of the deceased person, if the deceased person lives in a case where the inheritance of the person entitled to registration or the person liable for registration commences while the grounds for registration have already existed but the registration has not yet been filed, the registration cannot be deemed null and void if the deceased person files an application for registration pursuant to the Registration of Real Estate Act. Thus, even if the registration was made by the person liable for registration who died, the grounds for registration have already

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