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(영문) 광주지방법원 2015.01.30 2014가합5915
소유권이전등기 말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) The plaintiffs and the defendant E are all the network M (NN, hereinafter referred to as “the network”).

(2) The deceased died on April 8, 2009, and the plaintiffs and the defendant E jointly inherited the deceased’s properties. The deceased’s children, Defendant F, G, and H are the children of Defendant E, and Defendant J and K are the spouses of Defendant G and H, respectively.

B. A change in the legal relationship of the real estate of this case 1) As to the real estate of this case owned by the deceased on October 31, 2002, on the ground of sale as of September 2, 2002, the registration of ownership transfer was completed on July 2, 2005 under the name of Defendant E, Defendant F, G, H, and I, respectively under the name of Defendant F, H, H, and I (No. 662/4,178, respectively) (No. 66245, the receipt of the Mineju District Court Decision 662/4,178), among the real estate of this case, on September 14, 2005, the registration of ownership transfer was completed on the ground of sale as of July 2, 2005 under the name of Defendant J.

3) As to Defendant I’s shares (662/4,178) among the instant real estate, the registration of ownership transfer was completed under Defendant K’s name on April 12, 2010 due to the sale as of March 28, 2010. [Grounds for Recognition] There was no dispute, and Party A’s Nos. 1, 2, and 5 (if there is a serial number, including the number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiffs alleged that they sold the instant real estate to Defendant E.

Nevertheless, Defendant E completed the registration of ownership transfer on the instant real estate under Defendant E, F, G, H, and I’s name with a certificate of personal seal impression, etc. issued at the time of paragraph 1-b(1) and with respect to the deceased, who was the deceased, who was the deceased, without permission. Defendant J and K completed the registration of ownership transfer from Defendant F and I.

Therefore, since the ownership transfer registration in the name of the Defendants is null and void, it should be cancelled.

B. Where the registration of ownership transfer is completed with respect to the judgment real estate, not only the third party but also the owner of the previous real estate shall be subject to legitimate grounds for registration.

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