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(영문) 청주지방법원 제천지원 2017.03.29 2016가단2884
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 June 25, 1983, Defendant B completed the registration of ownership transfer based on sale on April 7, 1974, under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, invalidation, and special Measures Act) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) or “the first, second, and third real estate of this case”)

(hereinafter referred to as “the first registration of ownership transfer”) b.

On November 11, 1985, Defendant B received the registration of ownership transfer from Defendant B on the ground of sale on November 8, 1985, from Cheongju District Court No. 21470, receipt of Cheongju District Court support with respect to the real estate No. 2 of this case

(hereinafter “instant transfer registration of ownership No. 2”) C.

Defendant C received a registration of transfer of ownership from Defendant B on May 14, 2007 for the real estate Nos. 1 and 3 of this case from Cheongju District Court for the reasons of sale on the same date under No. 12338.

(hereinafter referred to as the "third-party ownership transfer registration of this case"). / [Grounds for recognition] The fact that there is no dispute, entries in Gap evidence 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of action

A. 1) Each of the instant real estate is owned by the Plaintiff. 2) Defendant B’s registration of ownership transfer in the instant case was made based on a false or forged letter of guarantee or confirmation.

In addition, each real estate of this case is not subject to the transfer registration under the Act on Special Measures.

Therefore, the transfer registration of ownership of this case is null and void if it has been made without any legal cause.

3) Since Defendant Chocheon-si and C obtained the registration of ownership transfer from Defendant B based on the registration of ownership transfer of this case null and void as above, each of the above registrations of ownership transfer is null and void as it was made without any legal ground.

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