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(영문) 의정부지방법원 2015.05.12 2014가단37026
소유권이전등기절차이행
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter referred to as "second real estate" according to the sequence listed in the separate sheet, and in the case of a common name, "each real estate of this case" was owned D. However, as D died on February 19, 1988, the Defendant C (ma), F (ma), the Plaintiff A (ma), B (M), H (3), and I (E) agreed on the division of inherited property to jointly inherit each real estate of this case according to the ratio of 1/2 shares, around February 19, 198.

B. Accordingly, E and F completed the registration of ownership transfer in accordance with their respective ratio of 1/2 for the real estate and 2 real estate, and the registration of ownership preservation in accordance with their respective ratio of 1/2 for the third real estate, respectively.

C. However, G completed the ownership transfer registration under Article 53822 on July 14, 2000 (hereinafter “first registration”) with respect to the whole of E’s 1/2 shares out of each of the instant real estate on the ground of the gift dated June 27, 2000. G again completed the ownership transfer registration under Article 12802 on November 14, 200 with respect to the whole of the instant real estate on the ground of the gift dated November 14, 2002 by the same registry office (hereinafter “second registration”). D. The ownership transfer registration under Article 12802 on November 15, 202 was completed.

E died on December 18, 2004.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 1 (Evidence No. 1, including branch numbers), the purport of the whole pleadings]

2. Determination as to the cause of action

A. The plaintiffs' assertion that G completed the first registration at will without permission of E as an opportunity even though the health condition, such as suffering from heavy wind around July 14, 2000, is not good. The first registration is a registration of invalidity of cause, and the second registration based on it should be cancelled as a registration of invalidity of cause. Thus, the defendant shall jointly inherit the property of E (Preservation act) against the plaintiffs who jointly succeed to the property of this case, and 1/2 of each real estate of this case.

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