(영문) 제주지방법원 2017.03.17 2016가단53434

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2017.03.17 2016가단53434

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. As to the instant land, F completed the registration of ownership transfer on August 13, 1981 by means of sale and purchase from G, which is the land of F, from G, which is the land of F, for sale and purchase on July 18, 1981, and on July 7, 1987, G completed the registration of ownership transfer on July 3, 1987.

After all, G on August 7, 191, 191, G completed the registration of ownership transfer based on donation on August 6, 1991 to Defendant C, and Defendant C completed the registration of ownership transfer based on donation on November 12, 2010 to Defendant D on May 27, 2010.

B. The F died, and the Plaintiffs, children, inherited 1/2 shares.

[Grounds] Facts without dispute, Gap evidence Nos. 1 through 3, the plaintiffs' assertion of the purport of the whole pleadings, and the plaintiffs' assertion of and judgment on the judgment of the plaintiffs F died on July 4, 1987. Since the death, the registration of transfer of ownership completed in the name of G on the land of this case was not presumed to be registration after the death. Since F did not have any reason to sell and sell the land of this case to G immediately before the death, the above sale is null and void. The transfer of ownership in the name of G is null and void. The defendants are obligated to perform the registration of transfer of ownership based on the restoration of authentic title by 1/2 shares to the plaintiffs who are the heir of F as to the land

Only with the descriptions of evidence Nos. 5 through 7, it is insufficient to view that F died on July 4, 1987, and there is no other evidence to acknowledge it. Rather, according to the descriptions of evidence No. 1 and evidence No. 1, F’s death time is included in the transcript of the register No. 23, July 23, 1991, after the registration of ownership transfer.

In addition, there is no evidence that the sale between F and G is false.

Therefore, the plaintiffs' assertion is without merit.

Thus, the plaintiffs' claim is dismissed as it is without merit.

유사 판례

-제주지방법원 2018.10.10 2017나10749

-대구지방법원상주지원 2017.12.20 2016가단9710

-대전지방법원 서산지원 2018.03.21 2017가단3934

-서울중앙지방법원 2015.04.07 2014나46838

-서울서부지방법원 2016.07.08 2015가단241641