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(영문) 대구지방법원서부지원 2015.04.08 2014가단28729
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased H (Death on February 20, 1981) placed the Plaintiffs, J, K, L, M, and N as their children, including South Korea, between the deceased I (Death on December 15, 1987) and the deceased I (Death on December 15, 1987).

B. The registration of ownership transfer was completed in the name of H on March 31, 1947 on the ground of the sale on March 1, 1947 with respect to the 3517 square meters in Sung-gun, Seo-gun, Seo-gun, Sung-gun (hereinafter “1 real estate”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502; hereinafter “Special Measures Act”), and the registration of ownership transfer was completed in the name of C as of October 5, 197 by the Seo-gu District Court, Seo-gu District Court, Seo-dong Office, Seo-gu, Seo-gu, Seoul District Court on the ground of sale on October 24, 1993.

C. After that, on February 13, 2003, the registration of the name of Defendant G, a child of Defendant G, was completed on February 19, 2003 due to sale and purchase on the first real estate, and on June 5, 2004, the registration of the transfer of ownership in C was completed again on June 9, 2004 due to donation on June 5, 2004.

The registration of ownership transfer was completed on April 15, 1954 with respect to the land of 1574m2 (hereinafter referred to as "second real estate") in Gyeongbuk-gun Pari-gun Pari-si, Gyeongbuk-do, and the registration of ownership transfer was completed on October 3, 1974 under the Act on Special Measures for the Management of Land, Infrastructure and Transport (hereinafter referred to as "the second real estate"), and the registration of ownership transfer was completed on June 24, 1993 under C name as the receipt No. 6531.

E. C died on September 23, 2014 while the instant lawsuit was pending, and C succeeded to the property of Defendant D, Defendant E, F, and G, the wife, by inheritance.

【Unsatisfy-founded facts, Gap evidence 1-1, 2, and 2-1, 2, 4, 5, Eul evidence 1-1 through 4, 2-1, 2-2, and 2-1, and the purport of the whole pleadings

2. Determination

A. Although the Plaintiff’s assertion H did not sell and purchase the real estate Nos. 1 and 2 (hereinafter “each of the instant real estate”) to the network C, the deceased C completed the registration of ownership transfer under the name of the Special Measures Act by using false certificates and written confirmations. Thus, “each of the ownership transfer in the name of the network C” is not more than the same.

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