logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.03.06 2014가단18058
토지매도대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 9, 1974, the registration of ownership preservation was completed in the name of the Defendant, Nonparty F, G, H, I, J, and K for each of the co-ownership shares of each of the 1/7 co-ownership shares in the name of the Defendant, Nonparty F, H, H, J, and K, respectively (hereinafter “instant registration of ownership transfer”).

B. The above K's share ownership of each of the instant real estate was completed in the name of L, M, N,O, P, and Q on the ground of the inheritance on the property on July 17, 1978, and the registration of transfer was completed in the name of Nonparty L, M, N, P, and Q on the ground of the sale on the fourth day of the same month on November 5, 1996.

C. The F’s share ownership of each of the instant real property was completed on November 29, 1996 due to sale on November 15, 1996 in the name of the Defendant.

On February 9, 2009, the registration of transfer of ownership in the name of the defendant (3/7) was completed on the ground of sale on February 11, 2009.

E. The non-party deceased on September 25, 1974, and the plaintiff is the heir of the deceased.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Gap evidence 1 to 5, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that: (a) although there was no fact that C actually sold or disposed of each of the instant real estate owned by the Plaintiff’s first-friendly Nonparty C, the Defendant et al. completed the instant registration of ownership transfer by forging a sales contract on September 9, 1974, which was after September 25, 1974 when the Deceased died; (b) as such, the registration of ownership transfer and the ownership transfer registration under the name of the Defendant, which was completed based on the above registration, becomes invalid. Therefore, the Defendant’s ownership of each of the instant real estate to Nonparty R.

arrow