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(영문) 창원지방법원 2014.03.25 2013가단6837
진정명의회복등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Each real estate indicated in the separate sheet Nos. 1 and 2 is a real estate partitioned in sequence or simultaneously at the same time from 1412 square meters (hereinafter “instant land”) before Kimhae-si prior to the division.

B. On March 8, 1932, the ownership transfer registration was made in the name of C on March 8, 1932, and on December 26, 1974, the ownership transfer registration was made on the ground of sale on December 21, 1974.

After that, on August 4, 1983, D's heir registered ownership transfer due to inheritance in the future, the owner of the ownership also changed in order together with the subdivision procedure. In the end, as to the real estate listed in the attached list 1, the registration of ownership transfer was made in the name of the defendant Kimhae-si, and as to the real estate listed in the attached list 2, the registration of ownership transfer was made in the name of

C. C, on May 29, 1962, died after having left the co-inheritors of the Plaintiff et al.

[Grounds for recognition] Class A 1 through 6 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. On December 26, 1974, the Plaintiff asserted that the ownership transfer registration of the instant real estate was made in the future D on December 26, 1974, by forging a real estate sales contract, etc. in the name of C, which is the Plaintiff’s mother, and that it is the invalidation of cause. The Plaintiff asserts that the registration of ownership transfer is made in the name of C, which is the Plaintiff’s mother, and thereafter, subsequent to the completion of ownership transfer registration in the name of D, the Plaintiff seeks to implement the registration procedure for ownership transfer based on the restoration of the true

B. As to the instant real estate, even if the cause for registration of ownership transfer, which was made in the future on December 26, 1974, was the cause for registration of ownership transfer, due to the sale and purchase on December 21, 1974, from May 29, 1962, when the 12-year period elapsed since May 29, 1962, as to the instant real estate, the registration of ownership transfer in the name D is forged solely on the basis of such fact.

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