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(영문) 대구고등법원 2018.01.25 2017재나48
소유권이전등기
Text

1. All the claims of the Plaintiff (Plaintiffs) added in the litigation and the trial of the instant case shall be dismissed.

2...

Reasons

1. The following facts shall be apparent in the records or significant to this Court:

The previous 2,122 square meters (hereinafter “instant land before the instant land substitution”) was owned by the network H, the father of the Plaintiff and the network G (hereinafter “G”). The network H died on June 10, 1966, and G on October 18, 1979, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1977) with respect to the instant land before the instant land substitution, the ownership transfer registration (hereinafter “instant land ownership transfer registration”) was completed in its name.

B. After that, G sold 515/212 of the land prior to the instant land substitution to I, and completed the registration of ownership transfer with regard to the said shares to I on October 31, 1996.

C. On April 27, 2009, the land prior to the instant land substitution was replaced with each land indicated in the separate sheet (hereinafter “each land of this case”) and JJ 256.8 square meters in Gu, Si, Gu, and Gu.

(hereinafter referred to as the “land after the instant land substitution”) D by aggregating each of the instant land and the J land.

The Plaintiff asserted against G that “G” was not a purchase of the land prior to the instant land substitution from the network H, but completed the registration of transfer of ownership in the instant G based on a false certificate of guarantee and confirmation, and thus, the registration of transfer of ownership in the instant G is invalid without any cause.” The Plaintiff filed a claim against G for the cancellation of the registration of transfer of ownership in the instant G name with respect to the remaining 16/22 shares, excluding 6/22 shares of G out of the land prior to the instant land substitution, on the ground that the wife and children, including the Plaintiff and G, jointly inherited the land prior to the instant land substitution.

However, in the relevant case, the Plaintiff was sentenced to the dismissal judgment on the ground that the invalidity without the cause of the transfer of ownership in the G G was not the registration, and the Plaintiff accordingly.

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