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(영문) 청주지방법원제천지원 2017.11.29 2017가단939
소유권말소등기
Text

1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 18, 5, 6, 23, among the land size of H 462 square meters in Chungcheongnamyang-gun, Chungcheongnamyang-gun, the Plaintiff (Counterclaim Plaintiff) to the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

가. I은 1993. 7. 15. 이 사건 지분에 관하여 1972. 10. 1.자 매매를 원인으로 하� 소유권이전등기를 마쳤다.

B. The J completed the registration of transfer of ownership on March 29, 200 with respect to the instant shares on March 29, 2000 by reason of sale on March 25, 2000.

(hereinafter referred to as “the first registration of ownership transfer”) C.

I died on February 5, 2004 (hereinafter “the network I”), and the Plaintiff is the wife of I.D.

The J died on February 24, 2013 (hereinafter “the deceasedJ”), and there was Defendant B, D, E, F, and G, the wife of Defendant C and its children as the legal heir of the deceasedJ.

The Defendants agreed on the division of inherited property with the content that the instant shares shall be owned solely by Defendant B, and Defendant B completed the registration of ownership transfer based on inheritance by division on May 10, 2013.

(hereinafter referred to as "the second transfer registration of ownership"). 【No dispute exists, Gap evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 4, and 6, and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. The registration of transfer of title No. 1 of this case, which is the cause of the claim, is completed without any legal cause.

Even if the legal ground for the registration of transfer of ownership in the instant case is a sales contract between the deceased I and the deceased J, the deceased J did not pay the purchase price, so the Plaintiff would be released from the sales contract by delivery of a preparatory document as of September 12, 2017.

Therefore, the registration of ownership transfer of this case is null and void, and the registration of ownership transfer of this case based on the registration of ownership transfer of this case is null and void.

Therefore, Defendant B is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case, and the Defendants are obligated to implement the procedure for cancellation registration of ownership transfer registration of this case.

B. If the registration of ownership transfer has been completed with respect to one real estate, the titleholder of the registration shall be the third party.

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