(영문) 수원지방법원성남지원 2019.02.27 2018가단203363

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원성남지원 2019.02.27 2018가단203363

소유권이전등기

Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A, B, C, D, and E are children of the deceased J (hereinafter “the deceased”). Plaintiff F and G deceased’s children are children of the network K (the deceased on July 18, 2013) (the deceased on August 15, 200), and Plaintiff H is the spouse of the network K.

The defendant is the spouse of L, the first child of the deceased.

B. The registration of ownership transfer (hereinafter “the registration of ownership transfer”) was completed on January 7, 2005 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) owned by the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiffs' assertion

A. The registration of transfer of ownership of this case is completed by forging a sales contract with the Defendant and L, who did not sell each of the real estate of this case to the Defendant, and the Defendant and L, who completed the registration of transfer of ownership of this case by forging a sales contract using the deceased’s seal imprint. The registration of transfer of ownership of this case shall be cancelled as the registration invalidation of cause. The Defendant is obligated to implement the procedure for transfer of ownership

B. Since the Defendant did not have paid the purchase price to the deceased, the Defendant actually donated each of the instant real estate from the deceased, thereby infringing on the Plaintiffs’ legal reserve of inheritance, which is the heir of the deceased, the Defendant is obligated to implement the procedure for the registration of ownership transfer based on the right to claim the return

3. Determination

A. In the event that the registration of ownership transfer is completed with respect to real estate in the Framework Act, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. On the other hand, the registration of real estate is not to reflect the process and quantity that led to the public announcement of the present true state of rights.

유사 판례

-수원지방법원 2019.01.10 2018가단516066

-부산고등법원(창원) 2019.05.09 2018나13700

-창원지방법원 2016.06.01 2015나9145

-서울중앙지방법원 2018.05.03 2015나57453

-대구지방법원 김천지원 2017.04.26 2016가단33222