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(영문) 전주지방법원군산지원 2016.02.16 2015가단3971
소유권이전등기
Text

1. The plaintiff's respective primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Presumed facts

A. The parties concerned are three South Korea of the network E, and Defendant B is the wife of the network E’s south net F (Death on August 12, 1993), and Defendant C and D are the children of the network F.

B. On December 22, 1976, No. 17795 received on December 22, 1976, and No. 17795 on November 28, 1976, F of the network for ownership transfer registration (hereinafter “No. 1 ownership transfer registration”) was completed with respect to each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”).

On February 16, 1994, Defendant C completed the ownership transfer registration (hereinafter “second ownership transfer registration”) on the real estate listed in paragraph (1) of the attached Table No. 1 of the Real Estate List No. 1 (hereinafter “G answer”) with respect to the real estate listed in paragraph (2) of the same Schedule No. 2 (hereinafter “H answer”). Defendant D completed the ownership transfer registration (hereinafter “second ownership transfer registration”) on August 12, 1993 with respect to the real estate listed in paragraph (3) of the same Schedule No. 3 (hereinafter “I reply”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. After the death of the network E, the Plaintiff’s registration of this case was completed the registration of transfer of ownership based on the sale of each of the instant real estate with a false certificate of personal seal impression issued by the networkF. The Defendants completed the registration of transfer of ownership based on the above transfer of ownership based on the registration of transfer of ownership, and thus, the registration of transfer of ownership by the Defendants is invalid.

Therefore, the Plaintiff, primarily against the Defendants, seeks the registration of ownership transfer based on the restoration of authentic name, and the cancellation of the Defendants’ second ownership transfer registration.

3. Determination on this safety defense

A. The Plaintiff’s assertion by the Defendants asserts that property rights, such as ownership or ownership due to inheritance, are attributed to the Defendants on the premise that the Plaintiff is the true inheritor with respect to the inheritance of property.

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