logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.09.26 2018가단32841
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On August 3, 1914, the instant land was determined by M. (2) N under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500, hereinafter “Special Measures Act”) and completed the registration of ownership preservation as to the instant land by the Changwon District Court’s receipt registry office No. 14053, Jun. 18, 2008, under the Act on Special Measures for the Registration, etc. of Real Estate Ownership.

3) The N died on January 12, 2012, and Defendant B, C, D, E, F, and Nonparty C (hereinafter “Defendant B, etc.”) who is the inheritor of N.

(1) On September 14, 2012, the Plaintiff completed the registration of ownership transfer on the instant land by the foregoing registry office No. 12386 (Defendant B’s share is 3/13, and Defendant C, D, E, F, and NonpartyO’s share is 2/13, respectively.

Non-partyO died on November 2016, and the successors of Defendant I, J, and KO are the successors of Defendant I, J, and K.

(4) Defendant G and H won the lawsuit claiming ownership transfer registration against Defendant B, etc. as the Jinwon District Court Jinwon Branch Decision 2014Kadan5698.

On September 29, 2014, Defendant G and H completed the registration of transfer of one-half shares of each of the instant land in accordance with the above final and conclusive judgment in favor of each of the instant land under Articles 13109 and 13110 of the above registry offices.

B. On December 13, 2007, N was issued by P, Q, and R with a false certificate of guarantee that “the instant land was inherited by N from M in 1971,” by pretending that it was the sole heir of the instant land, N was issued by P, Q, and R, who was commissioned as the guarantor with the jurisdiction over the location of the instant land.” On June 12, 2008, N applied for issuance of a certificate for registration of preservation of ownership along with the aforementioned false certificate attached to N around June 12, 2008. At that time, N was issued a certificate of confirmation with the same content by the head of Nam-gun.

3 N was charged with the completion of registration of initial ownership of the instant land by obtaining a false certificate as above with regard to the completion of registration of initial ownership of the instant land, due to the false entry of the original of a notarial deed, the exercise of the original notarial deed, and the violation of special measures

arrow