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(영문) 전주지방법원 2016.12.14 2015가단25435
소유권말소등기
Text

1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On March 7, 1996, from the Plaintiff on March 7, 1996, the first registration of ownership transfer with respect to the Defendant C, and the first registration of ownership transfer with respect to the Defendant B was completed on December 27, 1996.

B. On March 7, 1996, the Plaintiff’s husband, and the Defendant C’s second ownership transfer registration of the instant case related to the Defendant C was completed on December 27, 1996, and the Defendant B’s second ownership transfer registration related to the Defendant B was completed on December 27, 1996.

C. On December 27, 1996, the registration of the transfer of the third ownership related to the defendant B was completed in the future from the deceased D on December 27, 1996.

With respect to the real estate No. 4 of this case, from the network D on March 7, 1996 to the defendant C, the registration of ownership transfer of the No. 4 of this case related to the defendant C was completed in the future, and the registration of ownership transfer of the defendant B related to the defendant B on December 27, 1996.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As to the claim on invalidity of the cause of the tort, the Plaintiff first asserted that the real estate Nos. 1, 2, 3, and 4 of this case was owned by the Plaintiff or the network D, but it was formally deducted from the ownership due to the Defendants’ tort, and thus, the registration of ownership transfer and the registration of ownership transfer transfer related to Defendant B-related Nos. 1, 2, 3, and 4 of this case should be cancelled as the cause invalidation. However, there is no evidence to acknowledge this.

Therefore, this part of the plaintiff's assertion is without merit.

B. As to the claim for cancellation under the Act on Security of Provisional Registration, etc., the Plaintiff is a security for transfer subject to the Act on Security of Provisional Registration, etc. (hereinafter “Provisional Registration Security Act”), and liquidation procedures are liquidation procedures.

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