(영문) 울산지방법원 2014.10.08 2013가합7130

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(영문) 울산지방법원 2014.10.08 2013가합7130

부동산 소유권이전등기 절차이행

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, who were children of the network D (hereinafter “the deceased”), married with E on April 22, 1950, and Defendant B married with Defendant C on January 20, 196.

B. The Deceased died on January 26, 1965, and the Defendant B completed the registration of ownership transfer on the ground of sale as of July 5, 1950 by the former Act on Special Measures for the Transfer of Ownership of the General Farmland (amended by Act No. 1670, Dec. 31, 1964; hereinafter “Special Measures Act”), which was enforced on each of the real property listed in [Attachment List] No. 1 to 11 on July 5, 1950 after the Deceased’s death. The Defendant C completed the registration of ownership transfer on the real property listed in [Attachment List] listed in [Attachment List] No. 12 on the same day by combining the real property listed in [Attachment List] with the ownership transfer on the ground of sale as of July 5, 1950 (hereinafter “the ownership transfer registration in the name of the Defendant B”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (if there is an additional number, including each number; hereinafter the same shall apply), Gap's evidence 10, and the purport of the whole pleadings

2. The parties' assertion

A. (1) Although the Plaintiff (1) did not sell the instant real estate to the Defendants on July 5, 1950, the Defendants received a false guarantee and completed each registration of ownership transfer under the Act on Special Measures, each of the above registrations of ownership transfer is null and void.

(2) In addition, the Defendants asserted that the deceased donated the instant real estate to Defendant B as a substantial cause of registration, and that the real estate listed in the attached list No. 12 was trusted to Defendant C. However, the deceased did not donate the instant real estate to Defendant B, and at the time the registration of transfer of ownership is completed under Defendant C’s name with respect to the real estate listed in the attached list No. 12, the Defendants did not report a marriage, and did not report

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