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(영문) 대구지방법원 2017.04.05 2016가단25666
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff and the defendant are the legal fiction which are the premise of the dispute.

Attached Form

With respect to the real estate indicated in the list (hereinafter “instant real estate”), the Plaintiff completed the registration of ownership transfer from D, the additional father of the Plaintiff, on February 20, 1971, under the receipt of No. 7701 on September 11, 1984, the Daegu District Court Cheongdo Office of Cheongdo Office of Do, Daegu District Court, as the ground for registration. The Defendant completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Law No. 7500, May 26, 2005, invalidation, and hereinafter “Special Measures Act”) on January 1, 1994 with the donation as the ground for registration under the same registry office No. 2317, Feb. 22, 2007 (hereinafter “the instant registration of ownership transfer”).

In the real estate of this case, there are seedlingss for the plaintiff and the defendant's six grandparents, for the great grandparents, and for their parents.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 1-1-3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff asserted that the instant real estate was owned by the Plaintiff. Although the Defendant did not have donated the instant real estate from the Plaintiff, it was issued a letter of guarantee and a written confirmation by deceiving the guarantor and the public official in charge of the competent authority in the registry, and completed the registration of ownership transfer under the Act on Special Measures for the Registration of Real Estate

Therefore, the ownership transfer registration of this case shall be cancelled as the registration of invalidation of the cause.

(2) As to this, the Defendant: (a) around 1994, when the Plaintiff had the Defendant act as the Defendant in preparation for the judicial examination, the Plaintiff transferred the ownership of the instant real estate in which the Plaintiff and the Defendant had a grave for the Plaintiff and the Defendant; (b) around March 1997, the Plaintiff was missing, and (c) took charge of the gathering of the Plaintiff’s parent on behalf of the Plaintiff, the adoption of the Plaintiff’s children, the adoption of the Plaintiff’s children, and the management of the memorials, descriptions, and oxygen in the house; and (d) December 11, 206.

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