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(영문) 서울중앙지방법원 2017.08.30 2016가단113113
손해배상
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On November 17, 1970, the deceased on November 17, 1970, while the deceased owned a large 208 square meters of land I in Dongjak-gu Seoul Metropolitan Government I (hereinafter “instant real estate”), and the wife J, children K, L, M, and the Plaintiff, the inheritor, inherited the relevant property.

B. As to the instant real estate on August 1, 1980 received on the ground of “the inheritance on November 17, 1970,” the above J, K, L, M, and the Plaintiff, etc. on the ground of “the ownership transfer registration was completed under the name of the said J, K, L, M, and the Plaintiff.” On the same day, the registration of ownership transfer was completed on the ground of “the sale on July 29, 1980” as to the entire shares of J, L, M, and the Plaintiff on the ground of “the sale on July 29, 1980.”

(hereinafter referred to as “instant transfer registration” for a portion of the Plaintiff, etc.

After that, K died, and on February 15, 1992, the registration of ownership transfer was made in the name of the Defendants on July 1, 1992.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The plaintiff and the plaintiff et al. did not sell the inheritance shares of the real estate of this case to the deceased K. Thus, the ownership transfer registration of this case is invalid registration, and since the inheritance registration of the defendants based on this is also null and void, the defendants shall file the registration of ownership transfer of this case with the plaintiff et al.., and since reconstruction of the real estate of this case is planned, the defendants are obligated to pay the plaintiff et al. the amount stated in the purport of the claim, which is equivalent to the inheritance shares of the plaintiff et al. of this case

If the registration of ownership transfer has been completed with respect to real estate, it is presumed that not only the third party but also the former owner has acquired ownership through legitimate procedures and causes. Therefore, the registration is invalid due to improper procedures and causes.

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