logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.10.30 2015나3523
소유권이전등기말소
Text

1. Revocation of a judgment of the first instance;

2. As to the portion of 1/3 of each of the 31,339 square meters in the Gancheon-gun Gancheon-gun Gancheon-gun, Chungcheongnamcheon-do, the plaintiffs

Reasons

1. Basic facts

A. The Plaintiffs and Defendant C are the fourth degree of punishment, and Defendant E is the children of Defendant C, and Defendant F is the grandchildren of Defendant C.

B. As to the 31,339 square meters of the G forest in Gyeongcheon-gun, Chungcheongnamcheon-do (hereinafter “instant forest”), each 1/3 share in the name of the Defendant C and the Plaintiffs has been registered.

C. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on May 26, 1981 (Act No. 3159, Dec. 6, 1978; hereinafter “Special Measures Act”), Defendant C completed the ownership transfer registration for each of the plaintiffs with respect to the forest of this case on the grounds of sale as of February 11, 1973 by the Daegu District Court Office No. 11736, the Daegu District Court Office of Registry No. 11736, which was the sole owner of the forest of this case.

C. Since then, with respect to the forest land of this case, Defendant D completed the ownership transfer registration on the ground of sale as of May 27, 1998 (hereinafter “second ownership transfer registration”) as of May 15, 1998 (hereinafter “second ownership transfer registration”), Defendant E completed the ownership transfer registration on the ground of sale as of February 20, 2003 as of February 20, 2003 by the same registry office (hereinafter “third ownership transfer registration”). Defendant F completed the ownership transfer registration on the ground of sale as of February 28, 2013 (hereinafter “third ownership transfer registration”). Defendant F completed the ownership transfer registration on the ground of sale as of February 28, 2013 as of February 28, 2013 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Although Defendant C did not purchase the Plaintiffs’ share (2/3) with respect to the instant forest land from the Plaintiffs, Defendant C completed the registration of ownership transfer by a false letter of guarantee.

Therefore, the registration of transfer of the first ownership should be cancelled as the registration of invalidation of cause, and the registration of transfer of the second, third, and fourth ownership should be cancelled as the registration of invalidation.

arrow