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(영문) 대전지방법원서산지원 2013.10.16 2012가단12674
소유권이전등기말소등기절차이행
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. I adopted on February 17, 1972 the defendant, who was son and son of his wifeJ, and was deceased on September 20, 1974.

B. The real estate listed in the separate sheet No. 1 owned by the I is the site of the house in which I resided (hereinafter “the instant house”) and its front garden, and the real estate listed in (1) and (2) listed in the separate sheet No. 1 and 1 listed in the separate sheet No. 1 of the attached Table No. 1 of the attached Table No. 800 on October 8, 1980 on the ground of “sale on November 30, 1974” in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094), and the real estate listed in (2) listed in the separate sheet No. 1 of the attached Table No. 1 of the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502) was completed on the ground of “sale on October 5, 1980.”

C. On April 29, 1988, the registration of ownership transfer was completed on the ground of Plaintiff A, B, 1/18 shares, Plaintiff C, D, E, F, G 2/18 shares, Defendant 6/18 shares, and the registration of ownership transfer was completed on the ground of “sale on March 30, 1988,” such as the land for stock farms adjacent to the said garden, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Defendant has completed the registration of ownership transfer in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) based on a false guarantee as if he/she knew that the Plaintiffs were legitimate successors with respect to the real estate listed in the attached list No. 1, which is listed in the attached list No. 1, and thus, the registration of ownership transfer should be cancelled as to the legitimate inheritance shares of the Plaintiffs by the registration of ownership

(2) As to the real estate listed in the Attachment No. 2 List.

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