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(영문) 창원지방법원 통영지원 2021.02.18 2019가단28217
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were in the form of the deceased F’s own consciousness, and the F died on April 4, 2006.

B. The Plaintiff completed the registration of transfer of ownership for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) for the following reasons.

Attached Form

A. On March 26, 1996, the registration of ownership transfer on March 23, 1996, No. 5 No. 5 and No. 2 on March 23, 1979, the ground for recognition of the date of registration No. 1 of the list No. 1 of the land No. 5 of the land No. 6 of the sale on August 10, 1973, the registration of ownership transfer No. 3 of the land No. 1 of the sale on August 23, 1979, and No. 4 of the No. 7 of the land No. 97. 1 of the sale on March 10, 196, No. 97. 3 of the ownership transfer on March 26, 1994, and the ownership transfer on March 27, 196, the ownership of land No. 1 of the G No. 1 of the sale on March 19, 196.

C. On January 23, 1997, F completed the registration of transfer of ownership (hereinafter “registration of transfer of ownership of each of the instant real estates”) on January 22, 1997 by reason of self-donation.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including each number for a case with a number) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion did not enter into a gift contract with the deceased F, and the plaintiff's registration of transfer of each ownership of this case completed in the name of F as the certificate of his seal imprint was entirely not issued between October 2, 1989 and February 28, 1997. Thus, the registration of transfer of each ownership of this case, which was completed in the name of F, is invalid based on false documents, etc.

The Defendants, as the heir of F, share 1/6 of each of the instant real estate to the Plaintiff.

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