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(영문) 청주지방법원 영동지원 2018.07.13 2017가단4439
소유권이전등기
Text

1. The defendant shall co-owned share in attached Form 3, C, D, E, F, G, H, I, J, K, L, M, N,O, and P among the real estate listed in the attached Table.

Reasons

1. Basic facts

A. Q, R, and S are children of net T, and the plaintiff is Q Q's children, and the defendant is S.

B. Q, R, and S completed the registration of ownership transfer with respect to Q, Q, R, and S on April 8, 1975 U 4,129 square meters (hereinafter “pre-divisioned land”).

C. On March 22, 1994, the land before subdivision was divided into the land indicated in the attached list (hereinafter “instant land”) and V large 2,921 square meters (hereinafter “V land”). D.

On September 3, 1994, the defendant WX (X) completed the registration of ownership transfer (hereinafter referred to as the "registration of ownership transfer of this case") in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter referred to as the "Special Measures Act") on the ground of sale on December 7, 1985.

On the other hand, the guarantee letter of April 6, 1994, attached to the registration of ownership transfer of this case, stating that "I will jointly and severally guarantee that W is currently owned by selling and selling W from the owner's lottery (if the owner is different from the owner on the register: Y) registered in the ledger from December 7, 1985, and Y, Z and S as the guarantor."

E. On October 20, 1997, S completed the registration of ownership transfer based on a donation made on October 13, 1997 with respect to the instant land on October 20, 199, and the Defendant completed the registration of ownership transfer based on the donation made on August 21, 2015 with respect to the instant land on August 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s ground for the registration of transfer of ownership in the instant case is indicated as the sale and purchase on December 7, 1985. Q, one of the co-owners of the land before subdivision, was already dead, and Y, which is indicated as the seller’s letter of guarantee attached to the registration of transfer of ownership in the instant case, is a person who has no authority to sell the instant land.

Therefore, this case in the name of W on the land of this case.

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