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(영문) 창원지방법원 2011.09.07 2010나5018
소유권이전등기말소
Text

1. Of the judgment of the first instance court, the part against Defendant F is revoked, and the plaintiffs' claims against Defendant F.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the G on May 6, 1983 for the first time on H 2,605 square meters (hereinafter “the instant real estate”). However, on the ground of sale as of February 10, 1988, the registration of ownership transfer was completed in the JJ on the ground of the sale as of February 9, 198, and thereafter, the registration of ownership transfer was completed on the ground of the inheritance as of February 13, 1997 by agreement as of December 13, 1996, and the registration of ownership transfer was completed on the ground of the transfer as of June 30, 2003. The registration of ownership transfer was completed on the ground of the donation as of February 25, 2003, and the registration of ownership transfer was completed on the ground of the sale as of March 27, 2007.

B. The J died on December 13, 1996, and C, C, C, C, and E, their spouse, succeeded to the property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendants did not purchase from G the portion 165 square meters in the ship (hereinafter “instant portion 1-1 real estate”) and the same appraisal drawings attached thereto (hereinafter “instant portion 1-1 real estate”) connected each point of 49, 50, 51, 16, 17, 18, 19, 52, 53, 54, and 49, among the instant real estate from G, which are linked each point of 165 square meters in sequence from the date when the Plaintiffs purchased the instant portion 1-2 real estate from G. Thus, it is unlawful to claim for the cancellation of the ownership transfer registration procedure against the Defendants on behalf of G for the cancellation of each of the instant real estate transfer registration at the expiration of 10 years from the time when the Plaintiffs purchased the instant portion 1-2 real estate.

B. First, with respect to the Defendants’ assertion that the Plaintiffs did not purchase the real estate Nos. 1-1 and 1-2 from G, the health department, A’s certificate No. 4, and the “instant certificate” (hereinafter referred to as the “instant certificate”).

L. the first instance appraiser L.

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