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(영문) 제주지방법원 2019.05.24 2018가단3563

소유권말소등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in the name of H on May 23, 1916 with respect to the instant land, and the registration of ownership transfer was completed in the name of H on June 15, 1926. On December 31, 1975, the registration of ownership transfer was completed on November 21, 1975.

Then, the registration of ownership transfer was completed on March 23, 2009 by Defendant F on March 23, 2009.

B. On October 23, 1954, K, wife, died on June 21, 1990, and K, wife, also died on June 21, 1990, and there are L(ma), M(ma), N(ma), the Plaintiff(M), the Plaintiff(M(M), and P(4) as children of the network I.

However, unmarried M is determined on September 26, 2014 by the adjudication of disappearance on September 26, 201, and is considered to have died on May 31, 1954, the expiration date of the adjudication of disappearance period.

C. Meanwhile, the J died on July 30, 2012, and the heir was the Defendant C, D, E, and F, the wife of the Defendant B and his children.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. The registration of transfer made by an application under the name of the deceased after the death of the former owner is null and void, and there is no room for recognizing the legal capacity of registration. According to the custom prior to the enforcement of the Civil Act, if the head of Australia dies and his/her head of South and North dies with his/her unmarried death, the next system will be inherited by Australia

According to the above facts, the registration of transfer of ownership in the name of J as to the land of this case was made on October 23, 1954 after December 31, 1975, which is the date of the deceased of the deceased, who is the nominal owner of the land of this case. Thus, barring any special circumstance, the registration of invalidation of cause shall be cancelled as a registration of invalidation, and M, who is the deceased of the deceased I, shall be deemed deceased on May 31, 1954, which is before the date of the deceased of the deceased of the deceased I, and the plaintiff, who is the Southern of this case, succeeds to the land of this case

Therefore, the defendants who inherited J to the plaintiff shall cancel the registration of transfer of ownership in the name of J as to the land of this case according to the inheritance shares stated in the purport of the claim, and defendant F shall be based on this.

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