(영문) 수원지방법원성남지원 2015.07.17 2014가합205283

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(영문) 수원지방법원성남지원 2015.07.17 2014가합205283

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (Death on September 2, 1973) is the plaintiff's father, the network D is the plaintiff's dynamics, the network D's children, the network D's children, and the plaintiff and the defendant are private village siblingss.

B. The 1,464㎡ in Gwangju City (hereinafter “instant land before the instant partition”) was owned by the network C, and the ownership relationship of the said land was changed as follows.

1) On June 20, 1973, the shares of 200/1,515 were transferred to the network D, and shares of 1,315/1,515 were transferred to the Plaintiff on April 11, 1973, respectively. 2) On December 31, 1974, the shares of 1,315/3,030 out of the Plaintiff’s shares (1,315/1,515) were transferred to the network D on December 25, 1974, by the shares of 1,315/3,030 (hereinafter “instant shares”) were transferred to the Defendant on December 25, 1974.

(C) On February 18, 1975, the net D shares (1,715/3,030 = 200/1,515/1,315/3,030 = 200/30) out of the net D shares (1,715/3,030 = 200/1,515/3,030) were transferred to the Defendant on February 14, 1975 due to sale and purchase on January 11, 1993 (4) the net D shares (200/1,515) transferred to E on June 10, 1985.

5) On February 19, 1993, E Share (200/1,515) was transferred to the Defendant on February 20, 1993 due to sale and purchase on February 20, 1993. (c) The land prior to the instant partition was divided into each real estate listed in the separate sheet on August 23, 2001. [Grounds for recognition] There is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 5 (including a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The assertion and judgment

A. Although the plaintiff did not sell the shares of this case to the defendant, the defendant forged a sales contract, etc. under the name of the plaintiff and made the registration of transfer of shares of this case. The registration of transfer of shares of this case is null and void.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant shares to the Plaintiff for the restoration of the authentic name.

(b)if the registration of ownership transfer has been made, that registration.

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