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(영문) 제주지방법원 2016.11.25 2015가단16834
소유권이전등기 말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. As to the instant land, D completed the registration of ownership transfer for reasons of purchase from E on February 7, 1975, and the Defendant completed the registration of ownership transfer for reasons of sale on December 5, 1980 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on October 11, 1993 (hereinafter “Special Measures Act”).

B. Meanwhile, the Plaintiff is a child between the deceased F (Death on November 27, 1946) and the deceased D (Death on January 9, 2003). The Defendant is a child of the deceased F and the deceased G (Death on December 20, 2005).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, and 9 (including a provisional parcel number; hereinafter the same shall apply), and the plaintiff's assertion as to the purport of the whole argument as to the purport of the argument as to the purport of the whole, the plaintiff's assertion that the plaintiff sent the living expenses to the birth net D, which is successful in the business of the buildinger to Japan, for the maintenance of the tomber's graveyard and for the fixed date, and paid money to purchase the real estate. The network D purchased the real estate including the land in this case with the above money, and completed the registration of ownership transfer in the name of the plaintiff, some of the plaintiff's name, and the network D.

Since then, as the deceased D was old and became unable to manage real estate, the Defendant was in charge of the management of real estate, but the Defendant, without any title, disposed of the real estate including the instant land in the name of the Defendant. On April 23, 2015, upon receiving a claim from the Plaintiff, paid KRW 350,000 to the Plaintiff as the land price for the real estate in the name of the Plaintiff.

In addition, around March 25, 2015, the Plaintiff returned to the Republic of Korea and met with the Defendant and the Sari-dong H in the coffee shop in front of the Mamo-gu, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-si. In that place, the Defendant promised to return the instant land to the Plaintiff as it owned by the Plaintiff, even though the Plaintiff completed the registration of ownership transfer under its own name.

Therefore, the registration of the transfer of this case is null and void without any cause.

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