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(영문) 대전고등법원 2017.03.15 2016나13602
소유권이전등기말소
Text

1. The plaintiffs' appeal and the plaintiffs' claim against Defendant F added by this court are all dismissed.

2...

Reasons

1. Facts of recognition;

A. 1) The relationship between the Plaintiffs and the Defendants, etc. 1) had K and the Plaintiffs as their children between the wife J, and died on April 9, 200. 2) K died on or around June 21, 2015. At the time of death, there were Defendant F and Defendant G and H, the wife, as their children.

3) On August 24, 2015, the wifeJ of I died on or around August 24, 2015. (b) On February 25, 1995, the ownership transfer registration under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”) was completed in the direction of I on the ground of the receipt of the ASEAN Branch of the Daejeon District Court’s Masan Branch of Branch Office for Support of the Daejeon District Court on February 30, 1979 as “the gift of February 30, 1979.”

2) On November 24, 2015, the registration of ownership transfer was completed on the ground of the inheritance by consultation and division under Article 79174 of the same registry office’s receipt of each of the instant real estate on November 24, 2015 (hereinafter “Inheritance by consultation and division on June 21, 2015”). The purport of the entire entries and arguments in subparagraphs A, 2, 5-2, 3, 13, and 14, based on recognition, was as follows.

2. The parties' assertion

A. Although the Plaintiff’s Party I’s Association K did not have donated each of the instant real estate from the deceased I, it was issued a false guarantee as if it were donated each of the instant real estate by the deceased I in around 1979, and completed the registration of ownership transfer in its name pursuant to the above guarantee document.

Therefore, the registration of transfer of ownership in the name of the deceased K on each real estate of this case and the registration of transfer of ownership in the name of the defendant F, which was completed based on such registration, was null and void, and each of the above real estate was inherited to the plaintiffs and the deceased K.

Since the Plaintiffs are co-owners of each of the instant real property, they seek implementation of the cancellation registration procedure, such as the purport of the claim, against the Defendants, who are the property successors of the network K as an act of preserving the jointly owned property.

B. The Defendants 1 net K is from the network I in 1975.

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