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(영문) 서울중앙지방법원 2019.01.17 2018가합522718

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of the ownership transfer in the name of the Defendant was completed on April 11, 1973 with respect to the land E- miscellaneous land E, the Plaintiff’s member of the net F (hereinafter “instant land”) with respect to the high-level District Court of Kuyang-gu, Goyang-si, the Goyang-gu, the High-level Branch of the District Court, No. 3614, Jun. 27, 1972.

B. Meanwhile, on the other hand, the deceased on February 26, 1971 and the deceased on February 26, 1971, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of 1/8 shares, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on December 31, 197, the deceased on the part of the deceased on the part of 1

C. As the net G dies on October 30, 2001, the Plaintiffs were equally divided into shares of 1/4.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, unless it is clear that the deceased F was dead on February 26, 1971, the registration of transfer of ownership in the name of the defendant with respect to the land of this case that was completed in the future of the defendant from the deceased F is the registration of invalidation of cause as the registration for which the deceased is the person responsible for registration.

Therefore, barring special circumstances, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the recovery of authentic names with respect to the plaintiff A's 13/32 shares [3/8 shares x 1/4 shares x 1/4] among the land in this case, with respect to the plaintiff B's 9/32 shares [2/8 shares x 1/8 shares x 1/4], and with respect to the plaintiff C and D's 5/32 shares [1/8 shares x 1/8 shares x 1/4].

3. Judgment on the defendant's defense

A. The defendant's assertion 1 as to the defense of acquisition of ownership following the decision of purchase of requisitioned property) prior to the death of the deceased F, the defendant requisitioned the land of this case, and the Act on Special Measures for Readjustment of Requisitioned Property (hereinafter "Requisitiond Property Act").

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