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(영문) 부산지방법원동부지원 2020.01.30 2019가단21
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the remainder of the deceased E (the deceased on November 4, 1964, hereinafter “the deceased”), and the Defendant B is the child of F, the south of the deceased (the deceased on December 7, 2017).

B. The deceased owned each real estate listed in the separate sheet, but among them, with respect to the land of Jinyang 321 square meters (hereinafter “the land of this case”) for sale as of May 7, 1983, HJ large 407 square meters (hereinafter “the land of this case”) on the ground of sale as of February 10, 1981. As to the land of this case, I large 294 square meters (hereinafter “third land of this case”) on the ground of sale as of December 10, 1981, the ownership transfer registration was completed on May 19, 195 in F. The transfer registration was completed on May 19, 195, on the ground of sale as of May 19, 195, with respect to the land of this case 1,289 square meters (hereinafter “the land of this case”) and the land of this case 1, 407 square meters on each of the above land.

C. As to each of the instant lands, the registration of transfer of ownership due to inheritance as of December 7, 2017 was completed in the name of Defendant B on March 12, 2018, and the registration of transfer of ownership due to sale as of March 8, 2018 was completed in the future on March 12, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The date of sale indicated in the letter of confirmation that the F used to register the ownership of each of the instant real estate at the time of the transfer of ownership pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) is after the date of the death of the deceased, who is the previous owner. The above registration is a registration of the invalidity of the cause according to the false letter of guarantee and the written confirmation, and each registration of ownership transfer of the Defendants based on

B. The registration completed under the former Act on Special Measures is consistent with the substantive legal relationship.

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