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(영문) 창원지방법원마산지원 2017.05.31 2016가단105988
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. On April 9, 1946, Nonparty F completed the registration of ownership transfer with respect to the land listed in paragraph (2) of the attached Table No. 2 on January 27, 1958, which was the land prior to the subdivision of the land listed in paragraph (1) of the attached Table No. 1, 378.

B. On March 9, 1986, F died of Nonparty H, I, Plaintiff A, Nonparty J, K, L, and M, who is a bereaved family member (child).

C. Nonparty N completed the registration of ownership transfer due to sale on December 20, 1984 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Land (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) with respect to the land listed in paragraph (1) of the attached Table No. 1 for which the registration of ownership transfer was completed under the name of the deceased F on December 14, 1993. Nonparty N completed the registration of ownership transfer due to sale on December 20, 1984 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Land under the name of the deceased F on October 21, 1993.

N on July 13, 2011, the registration of ownership transfer was completed on July 7, 201 under the name of the defendant B, who is the wife, with respect to each land listed in the separate sheet (hereinafter referred to as “each land of this case”).

E. On August 21, 2012, N died after having left Defendant C, D, and E, the wife of the Defendant B, B, and B as the bereaved family member.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10 (including virtual numbers) and the purport of the whole pleadings

2. As to the cause of the claim

A. The Plaintiff’s registration of transfer of ownership in the name of the network N on each of the instant land is a registration of invalidation of the cause completed pursuant to the Act on Special Measures on the Grounds of false letter of guarantee and written confirmation. Since the registration of transfer of ownership in the name of the Defendant B is also null and void, Defendant B, the co-inheritors of the network F, was completed with respect to each of the instant land, and the Defendants’ registration of transfer of ownership in the name of the Defendant B, which was completed with respect to each of the instant land.

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