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(영문) 광주지방법원 2015.04.22 2014나11181
소유권이전등기 등
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Plaintiff B is the spouse of F (F on July 6, 1989), and Plaintiff A, Nonparty G (CF, the death of May 29, 2009), H, I, J, and K are children of Plaintiff B and F. Defendant C is the spouse of G, Defendant D, and Defendant C.

B. On January 1, 1985, the registration of ownership transfer for the first real estate of this case was completed due to the sale around the same time in the name of Plaintiff A, and on April 22, 1995, the registration of ownership transfer for the first real estate of this case was completed in sequence due to the inheritance due to the consultation division under the name of Defendant E on November 10, 1985 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) and on June 9, 2009.

C. As to the instant real estate No. 2, on May 29, 1985, the registration of ownership transfer based on the sale on November 7, 1971 under the name of G was completed on May 29, 1985 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562), and on June 9, 2009, the registration of ownership transfer based on the inheritance due to the consultation division was completed in sequence.

With respect to the third real estate of this case owned by N, on August 31, 1981, the registration of ownership transfer due to the donation made by G on October 9, 1968 under the name of G pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), and on June 9, 2009, the registration of ownership transfer due to the inheritance by agreement division was completed in sequence in the name of Defendant D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each of the several numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion is that the plaintiff A (or F) and the 2 and 3 real estate of this case were held in title trust to G after the purchase by the plaintiff B. Thus, the registration of each transfer of ownership in the name of G concerning each of the above real estate is null and void, and based on this, defendant E concerning the 1 and 2 real estate of this case which was completed.

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