logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.27 2015나32466
원인무효로인한소유권이전등기등말소
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the deceased H (Death on July 12, 2012, hereinafter “the deceased”).

The heir of the deceased and the heir’s shares in inheritance are 1/2, respectively. On the other hand, Defendant C is the decedent of the deceased. 2) The heir of Defendant E, F, and G is the deceased I (Death on June 1, 2013) and the heir’s shares in inheritance are 3/7, Defendant F, and G are 2/7, respectively.

B. On December 19, 1972, the Deceased purchased 2,041 square meters from J on December 19, 1972, the deceased purchased the land of each real estate indicated in the separate sheet. In the process of completing the registration of ownership transfer, the name of the deceased as a mistake was entered into L, not H. 2. 2) The land was replaced with 2,041 square meters in Ma-si, Si, Ma-si, on November 25, 1980, according to the division adjustment by farmland improvement project. The land substituted with the substitute was divided into 2,041 square meters in each real estate listed in the separate sheet (hereinafter referred to as the “instant land”) and Qasi Water Site into 295 square meters on December 10, 1981.

3) As to the instant land, Defendant C obtained a letter of guarantee from the guarantor N,O, and P to the effect that “Defendant C purchased the instant land from L, the owner on the registry on October 25, 1985,” and a written confirmation from the private market to the same effect as that of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

According to the judgment of the court below, the registration of ownership transfer was completed on May 2, 2008 as the receipt No. 13955 on May 2, 2008 (hereinafter “instant registration of ownership”).

(4) As to the instant land, the registration of ownership transfer of one-half shares was completed in the name of Changwon District Court, Scheon District Court No. 15260, Jun. 14, 2011, Defendant D and Dong I, and the registration of ownership transfer of Defendant D’s name was completed on August 30, 2013 with respect to the said one-half shares of the said network I. As to the said one-half shares, the registration of ownership transfer of Defendant D was completed on August 30, 2013 as the receipt on August 30, 2013.

[Ground of recognition] Unsatisfy facts, Gap evidence 1-1, 2, 3, 2, 3-2, 3-1, 2, 3, 4-8, and 9-9.

arrow