(영문) 대구지방법원 2018.12.20 2017가단126054

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(영문) 대구지방법원 2018.12.20 2017가단126054

소유권이전등기말소등기 등

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1. The plaintiffs' primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On April 16, 2014, the deceased on April 16, 2014, the deceased deceased and jointly succeeded to the Plaintiff B, C, D, and E’s net M’s properties.

On the other hand, the network N died on February 6, 2007 and the Defendants jointly inherited the network N’s property.

B. On January 20, 1965, the registration of ownership transfer in the name of the deceased M was completed on or around January 20, 1965 with regard to the 486 hours before the subdivision. However, on or after July 1, 1981, the registration of ownership transfer in the name of the deceased N was completed on the ground of the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 1997; hereinafter “Special Measures Act”). The registration of ownership transfer in the name of the deceased N on the ground of sale in April 5, 1974 (hereinafter “the first registration”). The 486 hours before the subdivision was changed on or around March 25, 1987 by dividing the ownership of the land into the name of the Dong-gun-gun Special Metropolitan City (hereinafter “No. 1”) and the ownership of the land in the name of the defendant 2000,000 square meters before and after the subdivision (hereinafter “No. 181, 20,010.”).

[Ground of recognition] Facts without dispute, Gap 1 through 6, 8, 9, 10 items, and the purport of the whole pleadings

2. Judgment on the main claim against the Defendants

A. The main point of the plaintiffs' assertion that the net N did not purchase the lands Nos. 1 and 2 from the network M, with the issuance of false certificates and written confirmations, completed the registration of No. 1 and 2 as to the lands owned by the network M.

Since the registration of No. 1 and the registration of No. 2 based on such registration are both null and void, the plaintiffs who succeed to the ownership of No. 1 and No. 2 from the network M are obligated to cancel the registration of No. 1 in the name of the network M according to the inheritance shares, and the defendants who are the deceased N are obligated to cancel the registration of No. 1 in the name of the network M, and Defendant F is under its name.

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