(영문) 대구지방법원 2019.07.10 2018나321512

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(영문) 대구지방법원 2019.07.10 2018나321512

소유권말소등기

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1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The Plaintiff’s father B completed the registration of ownership transfer based on sale on February 5, 1957 with respect to each of the instant lands on June 29, 1960.

B. B died on January 21, 1981

An heir has D, E, A (Plaintiff), F, G, H, I, and J, both spouse C and children.

C. As to each of the instant lands, the registration of transfer of ownership in the name of the Plaintiff and the registration of transfer of ownership in the name of the Defendant for the reason of “the purchase and sale as of March 10, 1968” on August 21, 1987, and “the acquisition as of July 28, 1987,” was completed consecutively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 10 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion - The Plaintiff did not conclude a sales contract with the Defendant for each of the instant land or receive the sales price.

Therefore, the transfer registration of ownership by the defendant is made by the sales contract which is invalid.

- The registration of transfer of ownership in the Plaintiff’s name, which was made after the death of the previous owner of each of the lands in this case, is null and void as the cause was made without the registration of inheritance (or the registration of inheritance by agreement division) by all of the successors, and accordingly, the registration of transfer of ownership in the Defendant’s name is also null

B. The ownership transfer registration filed under the name of the former owner of the relevant law with respect to each of the instant land after the death of the former owner of the Defendant’s title transfer registration, and the ownership transfer registration filed under the name of the former owner of the relevant law has already existed, but the former owner does not file an application for registration, if the predecessor lives in the case where the former owner had commenced inheritance with respect to the person liable for registration, the former owner shall be deemed to have filed an application for registration, or unless special circumstances are acknowledged, such as the death of the principal

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