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(영문) 광주지방법원 해남지원 2018.09.18 2017가단21319
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, D, and E are F’s children who died on October 3, 1979, and G are F’s father and the Plaintiff, the Defendant, C, D, and E’s father.

B. Each real estate listed in the separate sheet Nos. 1 through 4 was registered as co-ownership of the Plaintiff (68/209) and the Defendant (17/209), C (17/209), D (17/209), E (17/209), and E (17/209) on August 22, 198. On the same day, each real estate listed in the separate sheet Nos. 1 through 7/209 was transferred to the Defendant with the entire shares of others except the Defendant, and was registered as solely owned by the Defendant (the grounds for registration for receipt of mining support by the Gwangju District Court, No. 1903, Oct. 3, 1979).

C. The real estate listed in the separate list No. 5 was originally registered under the Plaintiff’s name. However, on August 22, 198, the registration of ownership transfer was completed under the Defendant’s name (No. 19004 of receipt of support from the Gwangju District Court and February 27, 198).

[Ground of recognition] Facts without dispute, Gap evidence 1-5, Gap evidence 3-1, 2-2, Eul evidence 4-1 and 2-2, the purport of the whole pleadings

2. The plaintiff, C, D, and E did not sell to the defendant their own shares in each real estate listed in the separate sheet Nos. 1 through 4 of Feb. 27, 1988 or real estate listed in the separate sheet No. 5 of the attached sheet.

Nevertheless, the defendant completed the registration of transfer of ownership in his name with respect to each of the above real estate without the consent of the plaintiff, C, D, and E. Since each of the above transfer of ownership is null and void without any cause, the defendant is liable to implement the procedure for cancellation of each transfer of ownership to the plaintiff.

3. Since the ownership transfer registration on real estate in the relevant legal doctrine has an estimated capacity, the reason for registration is proved unless the grounds for registration are asserted and proved in the disputing part.

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