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(영문) 전주지방법원 2017.11.08 2016가단18670
소유권이전등기말소
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

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

Reasons

1. Facts of recognition;

A. On March 31, 1941, the registration of ownership transfer was completed in the name of the Plaintiff’s assistance team C, the Plaintiff’s assistance team.

B. On December 9, 1966, with respect to one sixth portion of each of the instant real estate on November 30, 1966, the ownership transfer registration under the name of the network D, network E, selectr F, G, H, and network I (hereinafter “the network D, etc.”) was completed (hereinafter “instant ownership transfer registration”).

C. The network D died on May 24, 1990, and Defendant B, Appointee J, K, and grandchildren, who are children, succeeded to the deceased’s property D.

The network E died on September 26, 1986, and succeeded to the property of the network E by P, Q, R, S, T, U, and V, who is the spouse.

E. The deceased on August 14, 1998, and the deceased on August 14, 1998, the deceased’s spouse succeeded to the deceased’s property X, Y, Z, and the network AA, and upon the death of the deceased on September 10, 1990, the designated person X, Y, Z, and the network AA succeeded to the deceased’s property. The deceased on September 13, 201, the deceased’s property of the designated person X, Y, Z, and Z succeeded to the deceased’s property of the network AA.

[Reasons for Recognition] Facts without dispute, Gap's entries, Gap's 1, 2, 4, 6, and 10 (including virtual numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion D et al. completed the registration of transfer of ownership of this case in the name of the network D et al., although the Plaintiff did not purchase the instant real estate from the network C, and the registration of transfer of ownership of this case is invalid. As such, the Defendant and the designated parties are obligated to implement the procedure for cancellation of transfer of ownership of this case to the Plaintiff, one of the co-owners of the instant real estate as the deceased C’

3. In a case where the registration of ownership transfer is completed with respect to the judgment real estate, the nominal owner of the registration is presumed not only to the third party, but also to have acquired the ownership through legitimate grounds for registration, and thus the grounds for invalidation are asserted in the dispute.

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