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(영문) 청주지방법원 2014.08.20 2013가단158315
소유권말소등기
Text

1. Defendant C is the Daejeon District Court with respect to the portion of 17/124 out of the land listed in the attached Table No. 5 of the attached Table to Defendant B.

Reasons

1. Under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Act No. 3562, Special Measures; hereinafter referred to as the "Special Measures"), each of the lands listed in the separate sheet No. 1 and paragraph (2) in the separate sheet No. 475, which is the south of D, shall be based on the Daejeon District Court, Sejong District Court, No. 9475, Jun. 24, 1985; each of the lands listed in the separate sheet No. 3, 5, and 6, listed in the separate sheet No. 9630, Jun. 25, 1985; each of the lands listed in the separate sheet No. 9631, Jun. 25, 1985; and the ownership transfer registration was completed on Feb. 5, 1972.

Afterward, the registration of transfer of ownership was completed on May 14, 2013 by the receipt No. 17618, May 10, 2013, as to the land specified in the attached list No. 5 of the attached list No. 17618.

D On August 30, 1978, the heir died after setting up K as wife E, South Korea, Defendant B, F, children, Plaintiff G, H, I, J, and son, and the heir died on September 2, 200.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-5, Gap evidence 1-2-1 through 6, Gap evidence 3-1 and 2-2, and the purport of whole pleadings

2. Determination as to the cause of claim

A. 1) The Plaintiff’s assertion 1) On the basis of a false letter of guarantee that Defendant B purchased each of the instant lands from D in 1971, Defendant B completed each of the instant registrations of ownership transfer. Since each of the instant registrations of ownership transfer is null and void, Defendant C’s claim for cancellation of each of the instant registrations of ownership transfer, which is the Plaintiff’s inheritance shares, and sought cancellation of each of the instant registrations of ownership transfer, and accordingly, Defendant C’s claim for cancellation of each of the instant registrations of ownership transfer is also sought for cancellation of each of the instant registrations of ownership transfer, which is the Plaintiff’s inheritance shares, 17/124 shares, which are the Plaintiff’s inheritance shares.

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