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(영문) 대전지방법원홍성지원 2019.12.24 2017가단9619
소유권이전등기
Text

1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B.

Reasons

1. Basic facts

A. The status of the parties and the relevant plaintiffs are the clan members composed of the descendants of the clan A, and the defendant B is the person whose name was entered in the adopted child of the deceased clan E (Death on November 24, 2017), and the defendant C is the person whose name was transferred from the deceased E before the deceased E to the registration of transfer of ownership regarding the eight real estate.

B. (1) The network E’s property description 1) died on November 24, 2017. At the time of death, there was each of the instant deposit claims on the real estate in the name of the network E, 1 through 7 real estate at the time of death, and each of the instant deposit claims on the real estate in the name of the network E. (2) The registration was completed under the name of the network E. However, on April 16, 2015, the ownership transfer registration was completed due to the Defendant C’s name on the ground of “sale on April 14, 2015.”

Plaintiff

A clan asserts that since the registration of ownership transfer in the name of the defendant C is null and void, the 8 real estate is also included in the scope of the deceased E's inherited property.

However, the following 2-

B. As seen in the foregoing paragraph, the Plaintiff clan did not have the standing to claim invalidation of the registration of transfer of ownership in the name of Defendant C as a lawsuit for invalidation of the registration of transfer of ownership in the name of Defendant C, and thus, it does not make a final decision as to

A person shall be appointed.

C. The deceased E did not have a natural father, but adopted Defendant B as the adoptee on October 29, 2014, and also Defendant B’s family relation certificate was written as Defendant B’s children. 2) The Plaintiff’s clan made an application for the appointment of an administrator of inherited property of the Daejeon Family Court as the Red Family Court Decision 2017Ra2105, on the ground that the existence of the deceased E’s heir is unclear because the adoption of the deceased E was null and void.

3. On November 1, 2018, the Red Family Court of Daejeon dismissed the Plaintiff’s application for the Defendant’s clan, holding that it is difficult to view that the adoption of the Defendant B was null and void, and that there is no reason to appoint the deceased E’s administrator of inherited property. The above decision was finalized as it is.

Plaintiff

For the purpose of the religious institution of this case.

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