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(영문) 대구지방법원상주지원 2015.09.23 2015가단8772
소유권말소등기
Text

1. As to the Plaintiff’s 458 square meters in Gyeongcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do

A. Defendant C: (a) on August 22, 2014, the Daegu District Court Yecheon Registry Office.

Reasons

1. Basic facts

A. 1) The Plaintiff church is the party’s position, etc.

(2) Defendant B was established on the ground and is located on the ground of this case until the date of the closing of argument in this case. (2) Defendant C and D are F’s grandchildren and Defendant B’s children.

B. On August 29, 1981, the ownership transfer registration for the instant real estate was completed on August 29, 1981. (2) Defendant B and D filed on May 7, 2009 the ownership transfer registration for each of the instant real estate with respect to the shares of 150/458 shares among the instant real estate with the Daegu District Court No. 6187, the receipt of the Gacheon District Court’s receipt of the Gacheon District Court’s receipt of the Gacheon District Court on April 29, 2009.

3) On August 22, 2014, Defendant C, among the instant real estate, filed a full registration of transfer of shares, the gift of which is the grounds for registration under Article 10237, under the 10237 receipt by the Yancheon District Court Yancheon District Court’s registration office, as to the portion of 150/458, which was completed in Defendant C’s future, among the instant real estate. [Grounds for recognition] There is no dispute, Party A’s evidence 1

No. 2. Each entry of No. 2 and the purport of the whole pleading

2. The assertion and judgment

A. 1) Determination on the cause of a claim is based on the relevant legal doctrine: (a) in a case where the ownership transfer registration for real estate has been completed, not only on a third party but also on a third party’s owner, and thus, the registration is presumed to have been acquired through lawful procedures and causes; (b) such procedures and causes are unfair and the party who asserts them bear the burden of proving that the registration is null and void (see, e.g., Supreme Court Decision 2010Da21702, Jul. 22, 2010). Meanwhile, Articles 275 and 276(1) of the Civil Act provide that the management and disposal of real estate jointly owned shall be based on the provisions of the articles of incorporation or regulations, and shall be subject to a resolution at a general meeting

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