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1. The part concerning the claim for cancellation of the lease registration among the lawsuits in this case shall be dismissed.
2. The defendant shall list the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 11, 2010, the deceased C (hereinafter “the deceased”) completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. D reported a marriage with the Deceased on February 28, 2016, and the Deceased died on April 22, 2016, and the registration of ownership transfer was made on May 10, 2016 on the instant real estate by inheritance.
C. The Defendant, around June 2016, entered into a lease agreement between D and D with a lease deposit of KRW 160,000,000, term of lease from June 30, 2016 to June 29, 2018 (hereinafter “instant lease agreement”), and thereafter, occupied and used the instant real estate from around that time.
D On September 7, 2017, the Defendant was sentenced to imprisonment for life on the grounds of the crime of murdering, fabrication of private documents, etc. (Korean District Court Decision 2016Gohap419), and the Defendant’s appeal and final appeal were dismissed, which became final and conclusive.
E. On August 17, 2018, the Defendant received the order of lease registration (the Daejeon District Court Branch 2018Kadan180) as to the instant real estate, and the registration of housing lease was entered as the receipt on September 13, 2018 on the instant real estate according to the said order of lease registration as the receipt on September 13, 2018.
F. On January 25, 2019, the Plaintiff filed a lawsuit against D seeking the cancellation of the ownership transfer registration of the instant real estate. On January 25, 2019, the first instance court rendered a judgment ordering D to cancel the ownership transfer registration of the instant real estate on the ground that “The marriage of the deceased and D was made by forging the marriage registration report, and thus is null and void. The Plaintiff is the sole heir of the Plaintiff, and D is the nominal heir,” and that it constitutes a nominal heir (Korean Government District Court 2017Da5058), and September 25, 2019.