logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2016.10.25 2015가단4045
소유권이전등기말소
Text

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

2. Defendant I shall have a size of 311 square meters in Northern-gu, Northern-si.

Reasons

1. Facts of recognition;

A. On May 24, 2005, the Z was deceased on May 24, 2005, and the Plaintiff B, C, D, E, F, and G were jointly succeeded. 2) The net AA died on September 26, 2009 and jointly succeeded by Defendant H, N,O, P, and Q.

3) On July 28, 2003, the network AB died and jointly succeeded by Defendant I, K, L, and M, who is his wife, and his wife. 4) The network AC died on June 21, 1978 and jointly succeeded by Defendant I, K, L, and M, who is his spouse, Defendant V and W, who is his spouse, due to the death of the network C after its joint inheritance.

B. The pertinent land was registered as owned by AD, but the ownership transfer registration was completed in the name of the deceased AC on March 28, 1964, and thereafter the ownership transfer registration was completed in the name of the deceased AA on March 15, 1979 under the name of the deceased AA on March 15, 1979 under the former Act on Special Measures for the Registration of Ownership (Act No. 3094, Lapse, hereinafter referred to as the "Special Measures Act"), and the ownership transfer registration was completed on August 10, 1989 under the name of the deceased AB on September 18, 1989, and the ownership transfer registration was completed on July 28, 2003 under the name of the defendant I on January 15, 2004.

C. The present condition of possession of the land in this case occupied and cultivated the land in this case from August 7, 1972 to 2004, and thereafter, the AE, which is the fraud of the Z, occupies the land in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, and 11, witness AE's testimony, the purport of the whole pleadings

2. Judgment as to the main claim

A. On August 7, 1972, the deceased, the decedent of the plaintiffs' assertion, purchased the instant land from the deceased AC, which was the owner of the instant land. Since the deceased AA completed the registration of ownership transfer under the Act on Special Measures, based on the false guarantee certificate with respect to the instant land, it is a registration of invalidity of cause and the registration of ownership transfer registration of invalidity of cause.

arrow