(영문) 대구지방법원서부지원 2014.09.04 2014가단4686

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(영문) 대구지방법원서부지원 2014.09.04 2014가단4686

소유권이전등기

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1. The plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 5, and Eul evidence No. 10.

As of April 2, 1931, the registration of ownership transfer in the name of G was completed as of April 2, 1931 with respect to the F-Maintenance 16m2 (hereinafter “instant real estate”).

B. After that, on July 5, 1994, the defendant obtained from the guarantor H, I, and J a guarantee from G on August 10, 1969 that the defendant actually owns the real estate of this case, and completed the registration of ownership transfer concerning the real estate of this case in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502 of Nov. 30, 1992) on the basis of such guarantee, around May 1995, and until now, he occupies and uses it as a reservoir site.

C. G died on September 13, 1946 and succeeded to the entire property as the head of Australia by the Republic of Korea, and K died on May 19, 1992 and jointly succeeded to the property of the network K by the Plaintiffs and the wife of K. L on July 8, 2013, the Plaintiffs died and jointly succeeded to the deceased L’s property, and the Plaintiffs’ inheritance shares are as shown in the attached share calculation sheet of inheritance.

2. The assertion and judgment

A. As to the instant real estate acquired by succession due to the plaintiffs' assertion, the defendant completed the registration of ownership transfer on the ground of sale as of August 10, 1969 by G with the plaintiffs' prior owner G and G on the ground of sale as of September 13, 1946. However, since G died on September 13, 1946, the registration of ownership transfer in the defendant's name is the invalid registration for the ground that the above registration of ownership transfer in the defendant's name was already concluded with the deceased who died. Therefore, the defendant is obligated to issue the registration of ownership transfer to the plaintiffs as the real owner of the instant real property in this case

B. The name of the defendant in accordance with the Act on Special Measures for the Real Estate of this case.

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