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(영문) 서울동부지방법원 2013.07.15 2013가단11875
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 3 South and North Korea are children between C and D, and the plaintiff is the first son and the defendant.

B. The Plaintiff completed the registration of ownership transfer on October 30, 1985 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of sale on the 28th of the same month.

C. On 1988, the Plaintiff resided in the instant real estate with the Defendant and other siblings, and did not contact with his parents and siblings for more than 20 years from the instant real estate in order to marry against their parents and siblings.

On February 28, 1991, the defendant completed the registration of ownership transfer based on sale on January 31, 1991.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap 1 to 5 evidence (including additional number), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserted that since the plaintiff did not sell the real estate of this case to the defendant, the registration of transfer of ownership in the name of the defendant is invalid. The plaintiff asserts that the registration of transfer of ownership in the name of the defendant should be cancelled since the plaintiff did not waive ownership in the real estate of

In regard to this, the defendant argued that the plaintiff's transfer of the real estate in this case to the parent at the time of the plaintiff's house, and the parent wants to register the real estate in the name of the defendant, the first child, and completed the registration of transfer of ownership in the name of the defendant.

B. (1) In order for the final transferee to file a claim for the registration of the intermediate omission with the first transferor on the grounds of an agreement on the registration of the intermediate omission, the intermediate omission cannot be said to be null and void merely on the ground that there was no agreement on the registration of the intermediate omission, inasmuch as the lawful cause between the parties has been constituted and the registration of the intermediate omission has been completed.

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