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(영문) 서울북부지방법원 2018.10.30 2018나32379
소유권말소등기
Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. The plaintiff's claim and remainder against the defendant B.

Reasons

1. Basic facts

A. Defendant B is a simple paper with I and a simple paper, and the Plaintiff is a relative.

Defendant D is the spouse of Defendant C, E, F, G, and H are the children of Defendant D and I.

B. On June 18, 1973, the registration of ownership preservation was completed under the Plaintiff’s name on the instant real estate No. 1, and the registration of ownership transfer was completed on May 3, 1965 on the instant real estate No. 2 under the Plaintiff’s name.

C. Since May 2, 1984 with respect to each of the instant real estate, the registration of transfer of ownership in the name of Defendant B (hereinafter “the first registration of transfer”) was completed on the grounds of sale as of December 1, 1974 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3562 of Apr. 3, 1982; hereinafter “former Special Measures”), and the registration of transfer of ownership in the name of Defendant D was completed on the grounds of sale as of March 31, 192, following the completion of the first registration of transfer of ownership on the grounds of sale as of March 31, 1992, following I’s death as of August 10, 201.

On the other hand, the successors following the I's death are the remaining Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion or K did not have entered into a sales contract with Defendant B on each of the instant real estate. Defendant B completed the initial transfer registration of the instant real estate under the former Special Measures Act, along with a three-person guarantee made by falsity.

Therefore, since the presumption of the initial transfer registration of this case has been broken, the first transfer registration of this case and the subsequent transfer registration of ownership in the name of I and Defendant D are the invalidation of the cause.

Therefore, the Defendants are obligated to cancel the registration of transfer of ownership under their names with respect to each of the instant real estate to the Plaintiff.

B. Registration completed under the former Act on Special Measures for Determination.

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