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(영문) 청주지방법원충주지원 2017.05.10 2016가단23284
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. Both the plaintiffs and the defendant are children of the deceased E (Death of January 20, 197) and net F (Death of May 11, 1950) are supporting and supporting the plaintiffs and the defendant, and net G (Death of November 2, 1970).

B. Each land listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) was owned by F. Since then, each registration of preservation of ownership and registration of ownership transfer as described in the separate sheet No. 2 was completed with respect to each of the instant land (the above registered titleholder refers to the name that the above G has opened). Each registration of preservation of ownership in the Defendant’s name completed with respect to the instant land No. 1 through No. 10, and each registration of transfer of ownership in the Defendant’s name was completed with respect to the instant land No. 11 through No. 1994, pursuant to the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3094), and each registration of transfer of ownership in the Defendant’s name completed with respect to the instant land No. 20, pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate under the Defendant’s name

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion 1) The plaintiffs' assertion 1-B

The registration of each ownership transfer in the name of the defendant, which was completed with respect to the land Nos. 1 through 10 of this case, is completed on the basis of a false guarantee. ② The registration of each ownership transfer in the name of the defendant, which was completed with respect to the land Nos. 11 through 19 of this case, was concluded on May 10, 1971 between F and G and the defendant, after the death of F and G, which had been the former owner of the land No. 11 to 19 of this case. As such, all of the substantial contents were destroyed by falsity.

③ Furthermore, regarding the instant land No. 20

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