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(영문) 대구지방법원포항지원 2019.06.13 2018가단105604
유류분반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The fact that there is no dispute E (hereinafter “the deceased”) died on April 13, 1974, and the plaintiffs and the defendant are the inheritors of the deceased. The defendant completed the registration of ownership transfer for each real estate listed in the separate sheet owned by the deceased on June 1, 1993 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4586 of Dec. 10, 1993; hereinafter “Special Measures Act”) on January 10, 1981.

2. Judgment on the grounds of the plaintiffs' claims

A. Since there is no waiver of inheritance of the deceased, the plaintiffs' shares in each real estate listed in the separate sheet are merely the fact that the defendant registered the ownership transfer by the method of middle omission registration as the trustee of the plaintiffs. The plaintiffs seek implementation of the procedure for the registration of ownership transfer due to the invalidity of title trust as the true owner of each of the above real estate.

B. A registration completed under the Act on Special Measures for Determination is presumed to be a registration consistent with the substantive legal relationship, and a letter of guarantee or confirmation under the Act on Special Measures was false or forged.

Unless it is proven that the ownership transfer registration was not duly registered due to any other reason, the presumption power of ownership transfer registration shall not be broken.

(see, e.g., Supreme Court Decision 2012Da116536, Apr. 26, 2013). The registration of transfer of ownership in the name of the defendant with respect to each real estate listed in the separate sheet was completed in accordance with the Act on Special Measures for the Ownership Transfer of Real Estate is presumed to be a registration in line with the substantive legal relationship, and the certificate of

Unless there is any evidence to acknowledge that the plaintiffs' claims have not been duly registered due to or other reasons, the plaintiffs' claims are without merit.

Even if the above facts are proved to the extent that the presumption power of the registration of transfer of ownership in the name of the defendant is destroyed, the plaintiffs held title trust to the defendant.

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