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(영문) 대구지방법원 2016.01.15 2014가단4795
소유권이전등기말소 등
Text

1. The plaintiffs' compensation for traffic accidents of the net F, the sales proceeds of Han-ri, and the list 3.

Reasons

1. Determination on the claim for cancellation of ownership transfer registration

A. The plaintiffs' assertion ① Defendant D completed the registration of ownership transfer in Defendant D with respect to each real estate listed in the separate sheet Nos. 1, 3, and 1/2 of each real estate listed in the separate sheet Nos. 2 and 8 without any title, with no opportunity to hold a certificate of the personal seal impression and a certificate of the personal seal impression, which is the registration document for the inheritance shares of the plaintiffs

② Defendant D completed each 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”), which was enforced at the time when the F was issued with a false guarantee certificate and a written confirmation that the said real estate was donated by F after the death of F, notwithstanding the fact that the real estate listed in paragraph (4) of the Attached List No. 5 through 7 was donated from each net F.

(1) The Plaintiff’s ownership transfer registration under the name of the Defendants is entirely null and void. Thus, the Plaintiffs seek for the cancellation of the entire ownership transfer registration as an act of preserving the jointly owned property.

B. The facts of recognition (1) between the network F (Death on December 13, 2003) and the network H (Death on December 16, 2001), which is his wife, have the Plaintiffs, Defendant D, and Nonparty G, each inheritance share is 1/5, and Defendant E is the children of Defendant D.

(2) The netF owned 1/2 shares of the real estate listed in paragraph (1) and each real estate listed in paragraphs (2) and (8). However, on April 30, 2013, Defendant D’s ownership transfer registration was completed on the ground of “the inheritance by agreement and division as of December 13, 2003.”

The deceased H owned the real estate listed in paragraph (3), but the registration of ownership transfer was completed in Defendant D on April 23, 2013 on the ground of “the inheritance by a merger made before December 16, 2001”.

(3) The net F and I shared 1/2 each of the real estate listed in paragraph 4, but the entire co-ownership was due to “the gift made on October 1, 1994” on December 18, 2007 J, K, and I.

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