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(영문) 창원지방법원 2015.02.10 2014가단9123
부동산소유권이전등기말소등기등
Text

1. The plaintiffs

A. As to the real estate stated in paragraph 2 of the attached list, Defendant F shall be the Changwon District Court on March 20, 2003.

Reasons

1. The part of the claim against Defendant F, I, J, and K

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. The remainder of the Defendants (only the remaining Defendants are referred to as the “Defendant”)’s claim

A. On December 9, 1994, the registration of transfer of ownership was completed on the ground of donation made on October 20, 1984 in the name of Changwon District Court No. 40906, under the name of defendant E, pursuant to Article 4502, among the fact that the registration of transfer was made in the name of N with respect to the land of 324 square meters in the city of Kimhae-si and the land of 2707 square meters in the city of Kimhae-si prior to the division.

(2) On February 28, 1999, the real estate stated in Paragraph (1) of the attached Table was divided in the 324 square meters in the 324 square meters in Kimhae-si prior to the division.

Before subdivision, each of the real estate listed in the attached Table 2, 3, and 4 on February 26, 2003 was divided from the 2707 square meters in Ma-si, Kimhae-si prior to subdivision.

(3) As to each real estate listed in the separate sheet, each registration stated in the Defendants’ name was completed based on the registration of transfer of ownership in Defendant E’s name.

(4) N was killed on February 10, 1976.

O is N's south and defendant E is the chief of N.O.

The plaintiffs are the same students of theO.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including a tentative number)

B. Before the Plaintiff’s assertion, L 324 square meters and M 2707 square meters in Kimhae-si prior to the division, N’s inheritors jointly inherited.

Nevertheless, Defendant E completed the registration of ownership transfer under its own name by using a false letter of guarantee and written confirmation as if the above real estate was donated by N., pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

Therefore, registration of ownership transfer in the name of Defendant E on each real estate listed in the separate sheet and each registration in the name of the Defendants, based on which it is based, should be cancelled since all of the registrations are invalid.

(1) Any registration completed under the Act on Special Measures.

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