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(영문) 수원지방법원여주지원 2015.10.15 2014가단10047
소유권이전등기말소청구
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s each against Defendant C, Defendant D, Defendant E, and Defendant F.

Reasons

1. Basic facts

A. (1) (A) Defendant B completed the registration of ownership transfer on October 15, 1954 with respect to 1/4 shares of each of the real estate listed in [Attachment List No. 1] on October 1, 1954 on the ground of sale and purchase, and Defendant B completed the registration of ownership transfer on October 30, 1960 on the said shares of G based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502).

The Defendant C completed the registration of ownership transfer on August 26, 2013 due to the gift on August 26, 2013 with respect to the real estate listed in paragraph (1) of the attached list.

B. Defendant D completed the registration of transfer of ownership on January 18, 1983 on the real estate listed in attached Table 2 (the indication of land before land substitution: H 2744m2, Gyeonggi-gun, Sinju-gun) due to sale on January 14, 1983.

C. (1) Defendant E completed the registration of ownership transfer on February 27, 1980 on the real estate No. 34 of the [Attachment List (the indication of land before subdivision on May 16, 2005: 14m2 of Gyeonggi-gun) due to sale on February 15, 1980.

Shed Defendant F completed the registration of transfer of ownership on May 16, 2005 due to sale on May 14, 2005 with respect to the real property listed in paragraph 3 of the attached list.

Defendant B died on September 9, 2013, before the instant lawsuit was filed.

[Ground of recognition] The absence of dispute, the inquiry result of the fact-finding on the women's central community service center of this court, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion (i.e., 1/4 shares of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2 through No. 4 were owned by G.

Things, Defendant B, based on a false letter of guarantee and confirmation, completed the registration of ownership transfer with respect to one-fourths of the real estate listed in the attached list No. 1, and Defendant C, in succession, completed the registration of ownership transfer with respect to the said real estate.

Defendant D shall, without any legal cause, complete each registration of ownership transfer regarding the real estate listed in the separate sheet No. 34 without any legal cause, and Defendant F shall, in sequence, complete each registration of ownership transfer without any legal cause.

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