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(영문) 대전지방법원 2017.09.20 2016가단200672
소유권이전등기
Text

1. As to the land listed in the separate sheet, the plaintiffs:

A. Defendant D shall recover the true title with respect to each one-third share.

Reasons

1. Presumed facts

A. On March 12, 2005, the deceased L (hereinafter “the deceased”) completed the registration of ownership preservation on the land in the annexed sheet (hereinafter “the land in this case”). On April 12, 2005, on the ground of sale and purchase on March 12, 2005, the registration of ownership transfer (hereinafter “the registration of ownership transfer”) was completed, and Defendant E (the deceased’s death relationship), F, G, H and network N (the deceased’s land in both cases), and the Plaintiff B completed the registration of ownership creation (hereinafter “the registration of ownership creation of the neighboring land in this case”) on April 12, 2005, the registration of ownership transfer was completed.

B. Defendant D, upon the death of M, completed the registration of ownership transfer on August 5, 2015 due to the inheritance by a consultation division regarding the instant real estate, and Defendant I (Inheritance 3/7), J, and K (Inheritance 2/7, respectively) have the deceased N’s heir.

C. The Plaintiffs are the deceased’s children, who are the deceased’s inheritors.

(1/3) 【Defendant 1, 3, 4, and 5’s shares in inheritance: (a) the facts of no dispute; (b) each entry of Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply); and (c) the purport of the entire pleadings; and (d) as to Defendant 2, 6, 7, and 8: deemed confession (Article 150(3) and (1) of the Civil Procedure Act).

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that “The Deceased had no mental capacity at the time of the registration of ownership transfer, so the registration of ownership transfer of this case is invalid. Therefore, Defendant D is obligated to implement the registration of ownership transfer based on the restoration of real name with respect to each of 1/3 shares of the instant land among the instant land. Moreover, Defendant E, F, G, H, I, J, and K are the registration of invalidity of the cause of completion without the secured obligation, and thus, Defendant E, G, H, I, J, and K are obligated to perform the registration of cancellation against the Plaintiffs, who are the owners of the instant land.”

B. Defendants E, I, J, and K objection against the Plaintiffs.

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