(영문) 전주지방법원 2018.06.22 2016가단25807

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(영문) 전주지방법원 2018.06.22 2016가단25807

소유권이전등기말소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against D who is represented by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan created by 31 years old G [G and H's other names] for the purpose of gathering EC 24 years old-old damage.

B. On March 12, 1985, the Plaintiff completed the registration of ownership preservation with respect to the real estate No. 1 listed in the separate sheet No. 1 (hereinafter “real estate No. 1”). On March 12, 1985, the Plaintiff completed the registration of ownership transfer with respect to the real estate No. 2 listed in the separate sheet No. 205 (hereinafter “instant real estate No. 2”), and completed the registration of ownership transfer with respect to the real estate No. 3 listed in the separate sheet No. 3 listed in the separate sheet as the receipt of the registration office on March 12, 1985 due to sale on January 6, 193, and completed the registration of ownership transfer with respect to the real estate No. 2206 on March 12, 1985.

B. On October 14, 2015, Defendant B completed the registration of ownership transfer as to the instant real estate No. 1 (hereinafter “instant registration of ownership transfer”) under Article 8495 on October 14, 2015, for the reason of the sale on October 14, 2015.

C. On April 30, 2014, Defendant C completed the ownership transfer registration under Article 4762 on April 30, 2014 with respect to the instant real estate on April 29, 2014 (hereinafter “instant second ownership transfer registration”). Defendant B completed the ownership transfer registration under Article 8529 of the receipt of the same registry office on October 14, 2015 for each of the instant real estate (hereinafter “third ownership transfer registration”).

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

2. The Plaintiff’s assertion did not have sold each of the instant real estate to the Defendants, and each of the instant registrations of transfer of ownership was completed by forging the oil necessary for the registration of transfer of ownership. Therefore, each of the above registrations of transfer of ownership is justified

유사 판례

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