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(영문) 서울중앙지방법원 2016.02.03 2014가단263199
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 2001, the Plaintiff donated 1/2 shares of forest land stated in the purport of the claim (hereinafter “the instant forest”) and completed the registration procedure on April 2, 2001.

The remaining 1/2 shares were transferred to D and E (the Defendant husband), and the ownership transfer registration was completed on January 22, 2010. On June 3, 2013, F, G, H, I, and Defendant 1/10 shares on May 29, 2013, respectively.

(B) The registration of ownership transfer as stated in the purport of the claim that he completed in the future of the defendant (hereinafter referred to as the "registration of ownership transfer of this case").

The plaintiff, G, H, and I are the grandchildren of the network J and the network K, the F is the children of the network J and the network K, and the defendant is the denial of the network K's South Eastern E.

C. The Network J died on February 23, 2013, and the Network K died on February 2, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The plaintiff transferred the 1/10 of the forest land of this case to the Dongdong, the plaintiff, and delegated his business to E. The plaintiff's work. This is invalid because Eul completed the registration of transfer of ownership in this case to the defendant, who is one of its denial, because he had the necessary documents prior to the registration.

Therefore, the Defendant, as co-owners of the forest of this case, has the duty to cancel the registration of transfer of ownership of this case to the Plaintiff seeking the cancellation by removing interference based on ownership.

B. Defendant E lent KRW 5 million to Dong K around 1970, and agreed to receive KRW 1/10 of the forest of this case with partial repayment from Dong K, and completed the registration of ownership transfer of this case, which is lawful and valid.

3. In order for the final transferee to file a claim for a direct omission registration with the first transferor on the ground of an agreement on the intermediate omission registration, a legitimate cause between the parties is established.

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