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(영문) 춘천지방법원강릉지원 2017.04.04 2016가단52711
소유권이전등기
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant shall make each of the real estate listed in the separate sheet 1/12 to the plaintiffs.

Reasons

1. Basic facts

A. The network D (hereinafter “the network”) established Plaintiffs, Defendants, E, F, and G with their children under the chain, and D died on January 30, 2016.

B. On June 16, 1979, the Deceased completed the registration of ownership transfer on the ground of sale as of March 10, 1947 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3159, Dec. 6, 1978; hereinafter “Real Estate Special Measures Act”), and on August 17, 2004, the Deceased completed the registration of ownership transfer to the Defendant on the ground of donation as of August 13, 2004.

C. In addition, on December 12, 1979, the Deceased completed the registration of ownership transfer on the ground of sale as of February 10, 1970 under the Act on Special Measures for Real Estate concerning each real estate listed in [Attachment List Nos. 1 and 2 (hereinafter referred to as “instant real estate”) listed in [Attachment List Nos. 1 and 2]. On April 21, 1997, the Deceased completed the registration of ownership transfer to the Defendant on the ground of donation as of April 19, 197.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6 through 10, the purport of the whole pleadings

2. Judgment as to the main claim

A. Since the transfer registration of ownership in the name of the deceased claimed by the plaintiffs was completed after the deceased H, the former spouse of the deceased, died on November 11, 1975, it constitutes an invalid registration made without any cause. The registration of transfer of ownership in the name of the defendant, which is null and void, is also invalidated.

Therefore, the defendant is obligated to complete the registration of transfer of ownership based on the restoration of real name with respect to 2/9 shares, which are the plaintiffs' inheritance shares, among the real estate in this case, to the plaintiffs who are inheritors of H.

(b) The registration completed in accordance with the Act on Special Measures for Real Estate is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation provided for in the Act on Special Measures for Real Estate is false or forged, or on other grounds.

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