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(영문) 부산지방법원동부지원 2015.10.08 2014가단21139
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the co-inheritors of Nonparty C, who died on December 31, 1959, together with the Plaintiff and D, E, F, G, H, I, J, and K (hereinafter “the instant co-inheritors”).

The Plaintiff’s legal portion of inheritance among the co-inheritors of this case is 3/15.

B. On January 11, 2008, the ownership transfer registration of this case was completed with respect to 1/6 of net C shares among each real estate listed in the separate sheet (hereinafter “each land of this case”).

C. Meanwhile, on the other hand, the Defendant (the title at that time was “L”) filed a lawsuit against the co-inheritors, etc. of this case against the Busan District Court on 1993 regarding the performance of the procedure for the registration of ownership transfer on the ground of the cancellation of title trust with respect to the 43m2, 324m2, 000m2, and 4,750m2, Yangsan-gun, Busan District Court (the title at that time was “L”), and the above judgment became final and conclusive as it is (the Busan District Court 93No2745, hereinafter “the final judgment at issue”).

Of the land subject to the final judgment of this case, the land of this case was substituted with the land of 43 square meters and N 324 square meters in Busan-gun, Busan-gun, Busan-gun, on June 30, 2004, with the land of this case as the 250.1 square meters in each of the land of this case under the Land Readjustment Project Act. The land of this case was replaced with the 2,7750 square meters in each of the land of this case by the Land Readjustment Project Act around June 30, 2004.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 through 12 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment. Each land of this case is real estate acquired ownership through sale on March 18, 1958 by the deceased C, etc., and the defendant completed the registration of ownership transfer of this case by forging a certificate of guarantee and obtaining confirmation. Since the transfer registration of ownership of this case becomes null and void, the plaintiff, the heir of the deceased C, as the preservation act of inherited property, is the transfer registration of ownership of this case.

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