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(영문) 수원지방법원 2017.07.21 2015가합6312
소유권이전등기말소등기절차이행
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 10, 1981, the registration of preservation of ownership was completed with respect to the land in the wife population G (hereinafter “the land before the instant subdivision”), and on June 13, 1988, the F forest land was divided into 54,417 square meters (hereinafter “the land after the instant subdivision”).

B. On November 27, 1989, the registration of ownership transfer was completed in the name of the defendant clan on November 18, 1989 with respect to shares of 37,888/54,417 among the land after the instant partition (hereinafter “instant real estate”).

C. Meanwhile, H died on January 10, 2005, and the Plaintiffs inherited H’s property as the heir of H.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 8 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion 1) Although there is no actual relationship between the plaintiff's claim and H as to the real estate of this case, the defendant clan prepared a false sales contract as of November 18, 1989, and completed the registration of ownership transfer on the ground of the sales contract as of November 18, 1989, the registration of ownership transfer of this case concerning the real estate of this case cannot be presumed legitimate. Meanwhile, since the defendant clan was first registered on October 30, 1989, it cannot be deemed that the registration of ownership transfer was made on the ground of the first registered clan as of October 30, 1989, since the real estate of this case was originally registered in title trust with the defendant clan or H on November 27, 1989. Accordingly, the registration of ownership transfer on the real estate of this case, which was completed under the name of the defendant clan, was completed without any legal cause, and thus, should be cancelled.2) The defendant clan's claim of this case was originally owned by the defendant clan or its title trust of this case.

However, the defendant's clans in this case around November 27, 1989.

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