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(영문) 창원지방법원 2020.07.30 2019나52796
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s child, and Defendant C and D are the Plaintiff’s grandchildren as Defendant B’s children.

B. On December 28, 1966, the Plaintiff completed the registration of ownership transfer in the name of each Plaintiff with respect to the real estate listed in paragraphs (2) and (3) of the [Attachment List Nos. 2 and (3) on December 28, 196, and completed the registration of ownership transfer with respect to the real estate listed in Paragraph (1) of the Attached List No. 1 on December 7, 1981.

C. As to each of the instant real estate, on March 2, 2016, the registration of share transfer was completed to B under the title No. 9478 of the Changwon District Court (No. 9478 of March 21, 2016, each of the 1/4 shares transfer to C, the 1/4 share transfer registration to C, and the 2/4 share transfer registration to Defendant D, respectively.

(hereinafter referred to as "the first registration of this case") D.

Defendant D purchased 1/4 shares of the real estate listed in paragraph (4) of the attached Table No. 4 from Defendant C on January 15, 2018 from the Defendant C, and the purport of the entire pleadings as to the registration of ownership transfer (hereinafter “instant secondary registration”) of the said shares (hereinafter “instant secondary registration”) under the title No. 2485, Jan. 23, 2018, on the ground that Defendant C purchased 1/4 shares of the said shares (including the serial number; hereinafter the same shall apply).

2. The plaintiff's assertion

A. On January 2016, the Plaintiff, as it fails to meet the substantive requirements for registration, expressed to Defendant D the intent to donate the real estate listed in attached Table No. 1 to Defendant D, and issued the Plaintiff’s seal imprint certificate and the Plaintiff’s resident registration certificate necessary for filing an application for ownership transfer registration.

Defendant D forged the power of delegation, gift contract, transfer of ownership, etc. in the name of the Plaintiff with respect to each real estate of this case, which was not donated by the Plaintiff, and completed the first registration of this case.

Therefore, the first registration of this case is null and void because there is no underlying gift contract, and thus, it is completed accordingly.

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