(영문) 전주지방법원 2015.01.28 2014가단9252

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(영문) 전주지방법원 2015.01.28 2014가단9252

소유권이전등기말소등

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Between G (Death on October 16, 2013), the deceased F (hereinafter “the deceased”) and the Plaintiffs and the Defendant were their children, and died on October 2, 1980.

B. Each real estate listed in the separate sheet (hereinafter referred to as “the instant real estate”) was owned by the deceased, and each real estate was owned by “the real estate listed in the separate sheet No. 1 and No. 2.” The real estate listed in the separate sheet No. 1 and No. 2 was inherited to the deceased’s Ha, and the deceased was owned by the deceased without completing the registration of ownership transfer in its name.

The Defendant completed the registration of ownership transfer in its name pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Jan. 7, 2008, 2008, No. 405 of Jan. 7, 2008, with respect to the real estate of this case No. 3 and No. 406 of Jan. 7, 2008, based on a letter of guarantee stating that “the Defendant owned each of the instant real estate by inheritance from the Deceased on Oct. 2, 1980,” and a certificate based on the said certificate of guarantee (hereinafter “the said certificate of guarantee and confirmation”, “the instant certificate”), with respect to the real estate of this case No. 1 and No. 406, Jan. 7, 2008.

(hereinafter referred to as “instant registration of ownership transfer”) 2. Determination as to the claim

A. 1) The Plaintiff’s assertion 1) Although the Plaintiff did not independently inherit each of the instant real estate owned by the Deceased, the Defendant issued a false letter of guarantee and a written confirmation, which entered them as if they were solely inherited, and based on this, completed the registration of transfer of ownership in the name of the Defendant under the Act on Special Measures for the Management of Special Measures. Accordingly, the above registration of transfer of ownership is a false registration that is not consistent with the substantive relationship. Accordingly, the Defendant is liable

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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