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(영문) 수원지방법원 2015.10.22 2014가합7257
소유권이전등기말소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

The Plaintiffs owned each of the real estate listed in the separate sheet No. 1 list (hereinafter “each of the instant real estate”) by the Plaintiffs. Defendant C, without any legal cause, completed each ownership transfer registration under its own name (hereinafter “each of the instant real estate transfer registration”) as stated in the separate sheet No. 1-12 of the purport of the claim, and without any legal cause, the registration is invalid. Defendant D, E, the Korea Land and Housing Corporation, F, G, H, and Qu (O died on February 17, 2009) and Defendant L, M, N, N, and R (O’s joint inheritance). The Plaintiffs asserted that each of the instant real estate transfer registration was completed based on each of the instant real estate transfer registration, the invalidation of the cause of which is invalid, and all of the Defendants are obligated to cancel each of the above ownership transfer registration, and the Plaintiffs are co-owners of each of the instant real estate, and thus they are liable to preserve each of the instant real estate.

The registration entered in the closed register has no effect as the current registration, and its recovery procedures cannot be claimed for the implementation of recovery procedures, as there is no provision in the law, and the request for the execution of the procedure for cancellation of ownership transfer registration on the closed registration form premised on the possibility of recovery cannot be filed.

(See Supreme Court Decision 80Da1389 delivered on December 9, 1980. According to the evidence evidence Nos. 1 to 4, the plaintiffs asserted that the land of each of the real estate of this case was the land before the substitution of the land of this case, the registration of the transfer of each of the ownership of this case for which the plaintiff is seeking to cancel and each of the transfer of ownership as stated in the above closed register can be acknowledged as being registered in the above closed register.

Therefore, it is necessary to examine.

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