(영문) 의정부지방법원 2015.06.26 2014나53371

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(영문) 의정부지방법원 2015.06.26 2014나53371

소유권이전등기말소

Text

1. Revocation of a judgment of the first instance;

2. The defendant is about F. F. 4,054 square meters and G. 1,875 square meters to the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 2, 1961, H married with Plaintiff A and placed Plaintiff B, Plaintiff C, and Plaintiff D as their children.

B. H: (a) on May 14, 2013, died of the Plaintiff’s Daump as a direct death; and (b) the Plaintiffs are the successors of the deceased H (hereinafter “the deceased”).

C. On May 22, 2013, the registration of transfer of ownership in the name of Defendant E (hereinafter “each of the instant land”) was completed on May 22, 2013 with respect to the F 4,054 square meters and G 1,875 square meters (hereinafter “instant land”), which were owned by the deceased, on May 9, 2013, as the receipt of the Macheon District Court’s receipt of the Macheon District Court’s receipt of registration office, No. 18884, May 2, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. In the first place, the Plaintiffs’ registration of ownership transfer of this case is null and void as a registration received after the deceased died pursuant to the invalid sales contract immediately before the deceased’s death. As such, the Defendant asserts that the Plaintiffs, the inheritor of the deceased, are liable to implement the procedure for the cancellation registration of each transfer of ownership of this case. (ii) Even though the former owner’s death has already existed the reason for registration, if the decedent is living in the case where the inheritance of the person liable for registration commences during the period of failing to file an application for registration, or where the heir files an application for the registration, or where the registration is filed by the former owner or his/her agent before the completion of the registration, barring special circumstances such as the death of the principal or his/her agent, it shall be deemed that the registration of ownership transfer of this case is void.

Supreme Court Decision 9.3.9.3

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