(영문) 서울서부지방법원 2015.02.06 2013가단244691

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(영문) 서울서부지방법원 2015.02.06 2013가단244691

소유권말소등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 4, 1995, E died after having left the Plaintiff D, A, C, and the Defendant as his child.

B. Defendant D completed the registration of ownership transfer due to inheritance on March 7, 2008, No. 7433, which was received on March 7, 2008, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005, hereinafter “Special Measures Act”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), which is owned by the network E (hereinafter “instant real estate”).

C. In addition, on August 22, 2013, Defendant D received KRW 79,630,950 as compensation from the voice group of Chungcheongbuk-do, as compensation on August 30, 2013, on the ground of the acquisition of public land by consultation on August 21, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, and Gap evidence 2-1, 2, and 3

2. The parties' assertion

A. The plaintiffs completed the registration of ownership transfer of this case without such consultation or consent even though the defendant could hold a divisional consultation with the plaintiffs who are the other co-inheritors of the network E, and completed the registration of ownership transfer of this case without such consultation or consent. The letter of guarantee under the Act on Special Measures for the Development of Special Measures for the Ownership Transfer Registration of this case was falsely prepared, and there is a defect in failing to comply with the legal procedure by confirming only one of three guarantors, the purport of guarantee, and the presumption power of the transfer registration of this case is reversed. Thus, the remaining part of the registration of ownership transfer of this case excluding 1/4 of the defendant's inheritance shares among the registration of ownership transfer of this case is invalid. Thus, the defendant conducted the procedure for cancellation registration with regard to 3/4 of the share transfer of each real estate of this case listed in paragraphs 1 and 2 of the attached

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