(영문) 의정부지방법원 2018.09.13 2017가단115798

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(영문) 의정부지방법원 2018.09.13 2017가단115798

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On May 12, 1965, the registration of preservation of ownership of the real estate listed in the separate sheet (hereinafter “instant land”) was completed on May 12, 1965 in C, D, E, and F joint names (each of 1/4 shares).

B. The registration of transfer of shares in G was completed on May 7, 2007 with respect to the above D's shares due to the inheritance due to the consultation division.

C. On February 28, 2008, the defendant clan completed the registration of transfer of each share (hereinafter the "registration of transfer of one-fourth share transferred from the above C to the defendant clan") on the ground of the donation made on May 12, 1996 with respect to the share in the name of G on August 24, 2011, due to the donation made on August 8, 201.

The registration of transfer of shares in C, E, and F is completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 8080, Dec. 26, 2006; hereinafter “Special Measures Act”).

E. Meanwhile, C died on September 19, 1979, and C is the inheritor of C, and the plaintiff is the creditor of B.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings are asserted by the plaintiff as follows, and the plaintiff asserts that the registration of transfer of shares in this case is null and void due to the following reasons. The plaintiff seeks to transfer the above registration to the defendant clan B in subrogation of Eul who is the debtor.

(4) The Plaintiff’s assertion that the transfer registration of the instant share was null and void as follows: (a) the ownership of the instant share was his heir at the time of the transfer registration; (b) the letter of guarantee and confirmation attached to the registration of the transfer of the instant share was made without B or C’s consent.

Although the defendant clan was obligated to submit a letter of guarantee and a written confirmation at the time of the registration of transfer of the shares of the case, it was not intended to confirm that the plaintiff.

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