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(영문) 대구지방법원상주지원 2016.05.18 2015가단1368
소유권이전등기 말소
Text

1. Of 602 square meters in F. F. 602 square meters at the time of residence, each point of Nonparty E is indicated in attached Form 11, 12, 13, 14, 9, 10, and 11 in sequence.

Reasons

1. Basic facts

A. On April 5, 1934, Nonparty E completed registration of preservation of ownership with respect to F.602 square meters (hereinafter “instant real estate”) at the time of residence on April 5, 1934.

B. On December 30, 1993, Defendant B completed the registration of ownership transfer on the ground of sale on November 10, 1985, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4052, hereinafter “Special Measures Act”), the receipt of machinery such as resident support at the Daegu District Court pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

C. Defendant B’s mother, on March 26, 2009, completed the registration of ownership transfer on the ground of donation with No. 6950 of the receipt of the same court machinery, such as the same court, as to the instant real estate. D.

In addition, on February 26, 2015, Defendant D, the birth of Defendant B and children of Defendant C, completed the registration of ownership transfer on the ground of donation on February 17, 2015 with the same court’s receipt of machinery, such as the same court’s machines.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, 11 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is as follows: (a) the part of the Plaintiff’s claim on the ship, which connects each point of 1, 2, 11, 12, 13, 14, 15, 9, 10, and 1 in sequence among the instant real estate via E, G’s division, and H, is purchased in order through E, G’s division, and H.

However, even though Defendant B purchased only the remaining portion of the instant real estate other than the above Attached No. 2A, it completed the registration of ownership transfer for the entire real estate of this case on December 30, 1993 by forging the certificate of guarantee.

Therefore, the Plaintiff seeks to implement the procedure for cancellation of ownership transfer registration completed in relation to the part of the above attached Form 2A among the instant real estate by subrogationing H, G, and E in sequence.

B. 1) Evidence No. 1 (a sales contract between the Plaintiff and H), and Evidence No. 3 (G.) of the same paragraph.

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