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(영문) 대구지방법원포항지원 2016.01.19 2015가단845
소유권이전등기 말소등기
Text

1. The plaintiff's lawsuit against the defendant H and I shall be dismissed in entirety.

2. The Plaintiff’s Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F.

Reasons

1. Basic facts

A. Defendant B, C, D, E, F, and G (hereinafter “Defendant B, etc.”) are the children of the network K (Death on October 13, 1979). Defendant H is the children of the network L (Death on July 27, 1985). The Plaintiff is the birth of the network L.

B. The forest land of this case was owned by the network K. However, on August 17, 1989, the ownership transfer registration based on inheritance in the future, including the deceased M (Death on December 27, 2001) and the defendant B, who is a child, was completed on November 30, 1989, the ownership transfer registration based on the sale on February 10, 1974, and the ownership transfer registration based on the same donation was completed on November 21, 2003.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 2-2, the purport of the whole pleadings

2. The parties' assertion;

A. On December 1957, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Dong K to purchase the instant forest. Defendant H had the deceased K’s heir by deceiving the deceased K’s heir who purchased the instant forest from the Dong K to complete the registration of ownership transfer in his future, and completed the registration of ownership transfer on the ground of donation in the future of Defendant I, an ASEAN.

Therefore, since the registration of ownership transfer in Defendant H’s name is invalid, and the registration of ownership transfer in Defendant I’s name is invalid, the Plaintiff sought cancellation of each ownership transfer registration in Defendant H and I’s name in subrogation of Defendant B, etc. in order to preserve the right to claim ownership transfer registration in Defendant B, etc., the heir of the network K, and sought implementation of the procedure for ownership transfer registration against Defendant B, etc.

B. The Defendants’ assertion K did not sell the instant forest land to the Plaintiff, and even if not, the Plaintiff’s claim for the transfer registration of ownership had already expired.

The deceased L, the father of the defendant H, purchased the forest of this case from the deceased K, and the defendant H completed the registration of ownership transfer from the deceased K's heir.

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