(영문) 의정부지방법원 2018.08.23 2017가단135969

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(영문) 의정부지방법원 2018.08.23 2017가단135969

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 29, 1969, the registration of transfer of ownership in the name D was made with respect to the 25,190 square meters of land in the Gu Government-si, and thereafter on January 15, 1971, the registration of transfer of ownership in the name E was made on February 3, 1971.

B. D died on February 13, 1999, and the Plaintiff is a child of D.

C. E died on January 5, 2004, and on February 20, 2004, the registration of transfer of ownership was completed in the name of the defendant who is his spouse on February 20, 2004.

On December 23, 2004, the above real estate was divided and registered as C Forest 24,805 square meters (hereinafter “the instant forest”) at the Government-si.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including each number), the purport of the whole pleadings

2. The Plaintiff asserts that D sold shares 1/2 of the G forest in the city of Ku-si prior to division to E, and that, as E has completed the registration of ownership transfer with respect to the entire forest in its name without any justifiable title, the registration of ownership transfer in the name of E as to shares 1/2 of the forest in question is null and void, and that the registration of ownership transfer with respect to shares 1/2 of the forest in this case is null and void, and that the registration of ownership transfer with respect to shares 1/2 of the forest in this case should be cancelled since the registration of invalidation of cause is void.

However, only the descriptions of No. 11-1 and No. 2 are insufficient to recognize that the registration of transfer of ownership in the name of E with respect to shares 1/2 out of the forest of this case is invalid, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion on the premise that the transfer registration of ownership in E is null and void is without merit.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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