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(영문) 대구지방법원 영덕지원 2018.07.17 2017가단11273
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the land No. 1 of this case, the registration of ownership transfer under H was completed on July 28, 1979 with No. 6641, which was received on July 28, 1979, such as the Yeongdeungpo District Court Young-gu District Court Young-gu District Court Young-gu Branch, and the registration of ownership transfer was completed on July 26, 1994 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Sept. 26, 1994; hereinafter “Special Measures Act”).

Defendant F sold the instant land No. 1 to Defendant G on January 13, 2016, and completed the registration of ownership transfer under Defendant G’s name on February 29, 2016 as to the instant land No. 1. 2475.

B. As to the land No. 2 of this case, the registration of ownership transfer in the name of H was completed with No. 16503 on August 31, 1981, which was received on August 31, 1981, as to the land No. 2 of this case, under the Act on Special Measures, the registration of ownership transfer in the name of Defendant F was completed as of July 26, 1994.

C. H donated each of the instant land No. 1 on November 12, 2017 to the Plaintiffs, and on June 15, 2018, the instant land No. 2 was donated respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 10, 13, and 18, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that each transfer of ownership under the Act on Special Measures for the Development of Defendant F’s Name as to each of the lands of this case is invalid by obtaining a false certificate of guarantee, and the registration of transfer of ownership in the name of Defendant G as to each of the lands of this case is invalid.

Therefore, Pursuant to the plaintiffs' subrogation claim to preserve the right to claim ownership transfer registration of each of the lands of this case against H, who received donation of each of the lands of this case from H, the owner of each of the lands of this case, and held H with the right to claim ownership transfer registration of this case, H is obligated to perform the procedure for cancellation registration of ownership transfer registration of each of the lands of this case as to each of the lands of this case,

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