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(영문) 광주지방법원 2019.04.03 2018가단23648
소유권이전말소등기
Text

1. The plaintiffs' claim of this case is dismissed.

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

Reasons

1. As to the real estate listed in the Plaintiffs’ assertion in the separate sheet (hereinafter “instant real estate”), Plaintiff A owned 46/192 shares, and Plaintiff B owned 57/192 shares, respectively.

On June 11, 2003, in order to donate the above real estate shares to D, the Plaintiffs issued a certificate of personal seal impression and a certificate of personal seal impression under the names of the Plaintiffs to D. However, D, on May 30, 203, had completed the registration of transfer of ownership as stated in the purport of the claim, pretended that it purchased and sold each share of the above real estate to the Defendant, who is Yong-Namon.

Therefore, since the registration of ownership transfer of the instant real estate in the name of the defendant is the registration of invalidity of cause for registration without cause for registration, the defendant bears the obligation to implement the procedure for registration of cancellation of ownership transfer as stated in the purport of the claim to the plaintiffs.

2. The written evidence Nos. 5 and 6 alone is insufficient to acknowledge that the registration of ownership transfer under the name of the defendant was false, as alleged by the plaintiffs, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiffs' claims are dismissed on the ground that they are without merit.

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