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(영문) 전주지방법원 2017.05.02 2016가단18663
소유권이전등기말소
Text

1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Defendants is dismissed in entirety.

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

Reasons

1. Facts of recognition;

A. On October 24, 1914, I received the instant real estate assessment.

B. The deceased J completed the registration of ownership preservation of the instant real estate in accordance with the Act on Special Measures for the Registration, etc. of Ownership Transfer (No. 3094, hereinafter “Special Measures Act”).

On October 12, 2009, the deceased K completed the registration of ownership transfer of the instant real estate due to inheritance by consultation and division on October 12, 2009, and the Defendant (Appointed Party) and the designated parties completed the registration of ownership transfer of the instant real estate due to inheritance by consultation and division on October 25, 2013, as stated in the purport of the claim regarding the instant real estate.

C. Upon the death of the network J, the Defendant (Appointed Party), the spouse of the deceased, the Defendant (Appointed Party), the Defendants, and the appointed parties inherited the property of the network J, and the Defendant (Appointed Party), the Defendant (Appointed Party), the Defendants, and the appointed parties inherited the property of the network K.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 4-1 to 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant real estate was inherited one-half of the instant real estate by the Plaintiff, who was the heir of I, following the assessment on October 24, 1914.

However, the deceased J obtained a false certificate by taking advantage of the status of this Chapter and the situation in which the plaintiff was unable to manage the real estate of this case, and completed the registration of preservation of ownership of this case. Since the registration of transfer of ownership of 1 and 2 of this case was completed based on the invalid registration, Defendant (Appointed Party), the Defendants, and the designated parties are obligated to implement the registration of preservation of ownership of this case and the registration procedure of cancellation of transfer of ownership of this case Nos. 1 and 2

3. Where registration of preservation of ownership has been made pursuant to the Act on Special Measures for Determination, there is a separate person.

The ownership of another person prior to the registration titleholder's land cadastre.

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