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(영문) 대전지방법원 2018.11.13 2017나111015
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

Basic Facts

The Network J died on May 19, 201, and jointly succeeded to the plaintiffs, who are their wife, and their children, and the network L(W) and M's network J.

After December 13, 2015, the deceased L was killed on December 13, 2015, and the defendant and his children, F and G jointly succeeded to the deceased L.

Each land of this case was owned by the deceased J, and on March 11, 2005, the transfer registration of ownership was completed on March 7, 2005 on each land of this case on the ground of donation.

After the death of the deceased L, on December 13, 2015, the Defendant, F, and G, who are their successors, divided the inherited property agreement with the Defendant to own each of the instant land independently. As to each of the instant land, on January 19, 2016, the registration of ownership transfer was completed due to inheritance due to the division between the Defendant and December 13, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1, 5, and 6 (including serial numbers; hereinafter the same shall apply), the plaintiffs' assertion of the purport of the whole arguments as to the purport of the whole pleadings, although the deceased J did not have donated each of the lands of this case to the deceased L, the deceased L arbitrarily completed the registration of transfer of ownership for each of the lands of this case on March 11, 2005, when the deceased J was not clear due to brain stroke.

Therefore, registration of transfer of ownership in the future L of the land in this case is registration of invalidation of cause, and registration of transfer of ownership in the name of the defendant completed accordingly is also invalid.

Therefore, the Plaintiffs, part of the deceased J’s co-inheritors, against the Defendant, seek for the cancellation of each of the registration of transfer of ownership, which was completed as of March 11, 2005 by the Daejeon District Court Sejong District Court Sejong District Court No. 5501, Mar. 11, 2005, and each of the registration of transfer of ownership, which was completed as of January 19, 2016 by the same registry office.

Judgment

Where the transfer registration of ownership is completed with respect to real estate, the registrant of such registration.

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