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(영문) 대구지방법원 서부지원 2018.11.21 2016가단22404
소유권이전등기말소
Text

1. As to the real estate stated in the separate sheet No. 2 attached to the Plaintiff, the Defendant shall provide the Plaintiff with machinery, such as gender support, etc. of the Daegu District Court.

Reasons

1. Facts of recognition;

A. The plaintiff is a child of the deceased net C, who died on July 12, 1984.

C The heir is the plaintiff, D, network E, F, and G.

E Deceased on February 11, 2003, E died, and E’s inheritors include H, I, J, K, L, M, and N (hereinafter collectively referred to as “C’s inheritors”).

B. Each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as the “real estate No. 1” in the separate sheet No. 2, and the real estate listed in the separate sheet No. 2 was completed on December 19, 1970 in the future C.

C. Since then, on December 10, 2007, on the instant real estate Nos. 1 and 2 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”), the registration of ownership transfer based on donation was completed on January 1, 1972 (hereinafter “the instant registration of ownership transfer”).

On January 2017, the instant inheritors agreed on the division and merger of inherited property with the content that the Plaintiff inherited the deceased’s inherited property solely and that they renounced their inheritance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the defendant obtained a false letter of guarantee or confirmation, and completed the registration of ownership transfer of this case under the Act on Special Measures, even though he did not have received a donation of real estate Nos. 1 and 2 from C on January 1, 1972, the defendant completed the registration of ownership transfer of this case. Thus, the registration of ownership transfer of this case should be cancelled after the registration of invalidity of cause. 2) The defendant's mediation division of the defendant's argument in the main part of the defendant's claim that the defendant purchased a large portion of the OP land in Gyeongbuk-gun, and developed forest land, and six lineal descendants (C

The first real estate of this case is the defendant's share of P, and the second real estate of this case is Q.

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