logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2014.10.30 2014가단30157
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. (i) On the (2053 E of Gyeonggi-gun E, the registration of ownership preservation was completed in F’s name, but thereafter, the Defendant completed the registration of ownership transfer on July 30, 1984 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3562, Sept. 30, 1971).

B. On June 1, 1992, G field E E 2053 square meters was divided into 6393 square meters and E field 394 square meters. G field 6393 square meters was subdivided into H field 3972 square meters and I field 2315 square meters. On January 17, 2000, H field 3972 square meters was divided into real estate listed in attached Table 1, J field 305 square meters, and I field 231 square meters divided into real estate listed in attached Table 2 and K field 1371 square meters.

B. The registration of transfer of ownership in F’s name was completed with respect to the real estate listed in paragraph (3) of the attached list. However, the Defendant completed the registration of transfer of ownership pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Law No. 2111, Oct. 15, 1965) on October 15, 1965.

C. F, as the F died on April 20, 1968, the F’s property was jointly inherited at the ratio of 1/12 shares in wife L, 3/12 shares in wife L, 3/12 shares in son and family heir, 3/12 shares in son M, N 2/12 shares in son, 2/12 shares in son, the Plaintiffs, and O, respectively.

According to L's death on September 9, 200, L's property was jointly inherited at the ratio of 1/5 shares of each of the defendant, plaintiffs, and M, who are children.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-12, 2-1 through 3, 3-1 through 5, Eul evidence 1-2 and 5-12, and the purport of the whole pleadings

2. The assertion and judgment

A. The registration of ownership transfer completed under the name of the defendant in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate or the Act on Special Measures for the Registration, etc. of Ownership of Forest Land with respect to real estate listed in the attached list of the plaintiff's assertion is null and void based on the false letter of guarantee and the written confirmation.

arrow