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(영문) 창원지방법원 2016.06.28 2015가단81351
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A’s status as the parties is the arche of the network E, Plaintiff B is the dynamics of the network E, the Defendant and the appointed parties (hereinafter “Defendants”) are the children of the network F, and the network F’s co-inheritors died on January 5, 1998. The network F died on April 27, 2003.

B. 1) Real estate listed in paragraph 1 of [Attachment 1] listed in [Attachment 1] List (hereinafter “real estate”) and real estate listed in [Attachment 1] is “real estate” once according to each sequence.

The registration of ownership was completed on May 20, 1994 under the name of the deceased E, and the registration of ownership transfer was completed on July 31, 1996 under the name of the deceased F on July 22, 1996. 2) The registration of ownership transfer was completed on May 27, 1994 under the name of the deceased E on May 31, 1996 under the name of the deceased E on July 31, 1996.

3) The registration of ownership preservation was completed on May 21, 1994 under the name of the deceased E on May 21, 1994, and the registration of ownership transfer was completed on July 22, 1996 under the name of the deceased F on July 31, 1996 for the real estate Nos. 4 and 5 on September 7, 198, the registration of ownership transfer was completed on February 20, 1983 under the name of the plaintiff B on February 20, 1983. The registration of ownership transfer was completed on September 20, 196 under the name of the defendant on September 14, 196 under the name of the defendant on September 20, 196.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. Determination on the claim concerning the real estate Nos. 1 to 3

A. Plaintiff A’s assertion that each transfer of ownership, which was completed with respect to the real estate Nos. 1 through 3, is a "one sale contract which was concluded on July 22, 1996 between the deceased E and the deceased F, which was the cause for the registration of each transfer of ownership," and "one sale contract which was concluded on July 22,

In fact, even though the network E does not sell real estate Nos. 1 to 3 of this case to the network F, it is the most likely that the sales contract was concluded by mutual agreement.

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