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1. As to the land size of 10,512 square meters for the plaintiffs, the defendant H is the Daejeon District Court's Busan District Court's Masan Branch Office.
Reasons
1. Basic facts
A. The land indicated in paragraph (1) of this case (hereinafter “instant land”) was completed under the name of J on June 29, 1938. However, Defendant H completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “former Special Measures”) based on donation on March 1, 1993 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006).
B. Defendant G received the instant land from Defendant H on April 24, 2007 and completed the registration of ownership transfer as the receipt of No. 22264 on May 3, 2007, by reason of the gift from Defendant H.
C. The J had six children, such as South Korea, South Korea L, and Defendant G, who is his father and son, etc., but Defendant H constitutes a son and son (i.e., k’s grandchildren), who is the south of K, and the Plaintiffs inherited the property as L’s wife and children on June 24, 2008.
[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), the purport of the whole pleadings
2. As the J, the owner of the instant land, died on November 24, 1978, the said land was jointly inherited by K and L et al., and Defendant H had completed the registration of transfer of ownership by obtaining a false letter of guarantee (hereinafter “instant letter of guarantee”) as it independently donated the entire instant land from M.
Therefore, since the registration of transfer of ownership in the name of Defendant H and the registration of transfer of ownership in the name of Defendant G is both null and void, the Plaintiffs, co-owners of the instant land, seek cancellation of the above registration of transfer of ownership as an act of preserving common property.
(However, with respect to Defendant G, only the remainder other than 1/14 of legitimate inheritance shares is sought). 3. Decision to recommend confession against Defendant H (Article 208(3)2 of the Civil Procedure Act)
4. As to Defendant G.