logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.05.09 2017가단56695
소유권이전등기말소등기
Text

1. As to the Plaintiff’s shares of 1/3 of each of the 988 square meters in the area of 1/3 square meters in the area of 988 square meters prior to

A. Defendant C is Daegu District Court.

Reasons

1. Basic facts

A. On June 27, 1985, G, H, and Defendant D each 1/3 shares of the ownership transfer registration was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, hereinafter “Special Measures Act”), while the land in this case was owned by F. The ownership transfer registration was completed on June 27, 1985.

B. After that, as G and H died, G’s 1/3 shares in the instant land were completed on December 29, 2003 on the ground that Defendant B had divided the inherited property on August 19, 1990, and the H’s 1/3 shares in the instant land was completed on the ground that Defendant C divided the inherited property on May 22, 2006, on the ground that C divided the inherited property on May 22, 2006.

(The registration of transfer of each of the above shares is hereinafter referred to as the "registration of transfer of each of the above shares").

F The F died on July 29, 1967

(hereinafter “the deceased”). The Plaintiff is one of the F’s co-inheritors.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s assertion G, H, and Defendant B did not receive a donation of the instant land from the deceased, the Plaintiff completed the transfer registration of the instant share in G, H, and Defendant B pursuant to the Act on Special Measures for Special Measures on the Grounds of Donation on December 3, 1973, which was after the deceased’s death. Each of the above transfer registrations is a registration of invalidity of cause completed based on a false letter of guarantee and a written confirmation.

Therefore, the Plaintiff, as one of the co-inheritorss of the deceased, sought the cancellation of the transfer registration of shares in this case on the instant land as a preservation act of co-inheritors on the instant land.

B. We examine the judgment on Defendant C and D, Defendant C and D, recognized that the instant share transfer registration is null and void, and all of the Plaintiff’s claims are accepted. As to the Plaintiff’s share of 1/3 of each of the 98 square meters of the 988 square meters of Gyeong-gun, Sung-do, Sung-do, Sung-do, and Defendant C, the vice branch office of the Daegu District Court.

arrow