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(영문) 대전지방법원 서산지원 2018.03.21 2017가단3934
소유권이전등기말소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. He died on October 4, 1991 and succeeded to the property of Plaintiff A (the inheritance shares of 3/9) and Plaintiff B, C, and D (the inheritance shares of 2/9) who are his wife.

On the other hand, H's dynamics died on October 18, 2007, and Defendant E is the wife of the network I, and Defendant F is the children of the network I.

B. H completed the registration of ownership transfer for the instant land on October 5, 1966. Of the instant land due to the inheritance on October 4, 1991, H completed the registration of ownership transfer on October 29, 191, the registration of ownership transfer was completed on October 29, 191 as to the Plaintiff A’s 3/9 shares, Plaintiff B, C, and D respective 2/9 shares in the instant land.

C. I completed the registration of ownership transfer on September 16, 1992 with respect to the land of this case due to the sale and purchase on June 10, 1992, and Defendant E completed the registration of ownership transfer on October 18, 2007 due to the inheritance by the agreement division on October 18, 2007.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserted that there was no fact that they purchased and sold the land of this case. Since I forged documents and completed the registration of ownership transfer on the land of this case and Defendant E completed the registration of ownership transfer, the registration of ownership transfer under the name of I and Defendant E, which is selectively null and void, shall be cancelled, or Defendant E, who is the true owner of the land of this case, is liable to implement the registration of ownership transfer on the land of this case due to the restoration of real name.

B. (1) In a case where the registration of ownership transfer is completed with respect to real estate in the relevant precedents, the nominal owner of the registration is presumed to have acquired ownership from a third party as well as from the former owner through legitimate grounds for registration. Therefore, in the dispute, the grounds for invalidation should be asserted and proved, and the registration of real estate should be registered.

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