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(영문) 춘천지방법원 2013.12.11 2013가합1402
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The registration of transfer of ownership on each real estate listed in the list of real estate in the plaintiffs' assertion that the Defendants completed the registration of transfer of ownership by entering false matters in the letter of guarantee and confirmation prescribed in the Act on Special Measures for the Registration, etc. of Real Estate Ownership (hereinafter "Special Measures Act") in order to avoid gift tax evasion and the plaintiffs' inheritance shares, or the registration of transfer of ownership is null and void unless due process is followed.

2. Determination:

A. According to the respective entries and arguments in Section B 1 to Section 4 (including numbers) with respect to each real estate listed in Section 24 in the attached Table 1 to Section 24 of the Real Estate List (as to the real estate listed in Section 22 of the attached Table of Real Estate, only a claim against Defendant D) 1 to Section 16/4 with respect to each real estate listed in the attached Table 1 to Section 24, the Plaintiffs may dismiss the lawsuit against Defendant C, D, E, F, G, H, I, and J, and have become final and conclusive after filing a claim for cancellation of the ownership transfer registration (with respect to the real estate listed in Section 22 of the attached Table of Real Estate), the Seoul High Court (Seoul High Court) 2009da525, 2010Na2716, 2010Da106716, 2018 to Section 418, 214, 2009 to Section 414, 2013 or 514, respectively.

On the other hand, the subject matter of the claim for cancellation registration is the claim for cancellation registration in question and the cause of the claim which is the standard for identification of the identity, that is, the cause of the claim for cancellation registration is the invalidation of the cause of registration, and it supports the invalidity of the cause of registration.

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