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(영문) 서울서부지방법원 2020.01.31 2019나38608
소유권이전등기
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) 1) The answer 2,430 square meters and AD 2,970 square meters (hereinafter “each of the instant real estate”) shall be each of the instant real estate, Hongsung-gun, Hongsung-gun.

(1) On June 11, 1984, the Plaintiff’s father (the father) completed the registration of initial ownership in his name on October 13, 1984. (2) Meanwhile, on July 26, 20188, on the real estate listed in the attached Table No. 1 of the table No. 20,430 square meters, a substitute was made according to the agricultural infrastructure development and expansion project. AD response 2,970 square meters was replaced by the real estate listed in the attached Table No. 2 of the attached Table No. 2 of the same Act on July 26, 2018.

B. On April 16, 1998, the AF clan (hereinafter referred to as the “instant clan”) is a clan set up in the First 25 years of age AJ, and 14 members of the instant clan (AK, AL, AM, AG, Plaintiff, J, J, L, L, M, N,O, P,N, Defendant) of the instant clan completed the provisional registration of transfer of ownership claim (hereinafter referred to as the “provisional registration of this case”) for each of the instant real property as of April 16, 1998 by the Daejeon District Court No. 6628, the receipt of red support by the Daejeon District Court for the instant real property, as of March 5, 1998.

C. AA died on March 9, 2004 (hereinafter “A”), and the Defendant, as the adopted child of the deceased, completed the registration of transfer of ownership on the instant real estate on April 2, 2005 due to inheritance by agreement and division as of March 9, 2004.

1) The Defendant, except himself, has the right to make a provisional registration of the instant provisional registration (hereinafter “Plaintiff A, etc.”)

The above provisional registration is deemed null and void because the deceased, who is the owner of each real estate of this case, did not enter into a pre-sale agreement with the plaintiff A, etc., and thus, the above provisional registration is deemed null and void. Thus, the plaintiff et al. filed a lawsuit seeking cancellation of the provisional registration of this case which was null and void for the defendant who completed the inheritance registration as the adopted by the deceased. The plaintiff et al. filed a lawsuit seeking cancellation of the provisional registration of this case which was null and void for the plaintiff et al. of this case. However, the Daejeon District Court rendered a judgment against the plaintiff et al. of September 20, 2006, which was appealed.

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