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(영문) 광주지방법원목포지원 2020.08.12 2019가단2368
소유권말소등기
Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. The real estate indicated in the summary of the Plaintiff’s assertion (hereinafter “instant real estate”) is owned by the Dong K (hereinafter “the deceased”), which is the Plaintiff’s put to the Plaintiff. On April 28, 198, the registration of ownership transfer was completed in the name of Defendant B pursuant to the Protocol on the Settlement of Lawsuits (hereinafter “instant Protocol”).

However, the instant protocol of conciliation was prepared in duplicate even though there exists another protocol of conciliation prepared between Defendant B and Defendant B. However, Defendant B voluntarily appointed the legal representative of the owners of the instant real estate at the time of Defendant B, and had the said owners prepare the instant protocol of conciliation with the other parties. As such, the registration of transfer of ownership in Defendant B, which was followed by the instant protocol of conciliation, constitutes invalidation of the cause.

Accordingly, each transfer registration of ownership completed in sequence in the name of the Defendants after the transfer registration of the above ownership completed in Defendant B’s name constitutes transfer of ownership from a person who is not authorized to dispose of the ownership, and the cause is null and void. As such, the Plaintiff, one of the co-inheritorss of the deceased on the instant real estate, seeks against the Defendants cancellation of each transfer registration of ownership completed in the name of the Defendants.

2. According to the evidence evidence Nos. 2 and 3, Defendant B filed an application against the deceased and seven other persons for the registration of ownership transfer for eight parcels of real estate including the instant real estate with respect to the registration of ownership transfer due to sale and purchase on December 20, 1987 by the Gwangju District Court Decision No. 88Da158, and the instant protocol of settlement was prepared on March 30, 1988 with the same purport of the application. As to the instant real estate owned by the deceased, it is recognized that the registration of woodban Branch Branch Branch of the Gwangju District Court and the registration of ownership transfer for the sale on December 20, 1987 under the name of the defendant B and the receipt of No. 17461 on April 28, 1987 was completed.

As to the instant real estate, the Plaintiff.

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