소유권이전등기말소
1. Of the 11,407 square meters in the school site B in Gyeong-dong, Chungcheongnam-gun, Gyeongnam-do, 23, 24, 25, 26, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57.
1. Facts of recognition;
A. The deceased C (Death on December 14, 1960) centered on the plaintiff is an abandoned, and the deceased D (Death on November 9, 1995) is a father.
B. The land located in Gyeong-dong E (hereinafter referred to as “F”) around 393 was owned by the network C. The Changwon District Court (Hawon District Court) lower registered the ownership transfer registration under the name of DefendantHa-dong, Dong-gun on April 21, 1965 as the receipt No. 9470 on November 10, 1964.
C. On October 30, 1970, GJ 345 (hereinafter “instant land”) was divided into the above E land, and the instant land was combined with H on February 19, 1970, and as to the said H land the Changwon District Court (Seoul District Court Branch No. 11202, Aug. 28, 1991) received on August 28, 1991, the registration for the transfer of the ownership in the name of Defendant Gyeongnam-do was completed.
On May 10, 2004, the said H land was partially divided into 11,606 square meters for the school site B, and the said land was partially divided on June 2, 2014 and became 11,407 square meters for the school site B.
E. The above B site 11,407 square meters is used as the head of the International Elementary School J School. Of the above school site, the part of the instant land is located outside the fence of the branch of the International Elementary School J School, and is located outside the fence of the branch of the International Elementary School J School, and is in line with the part (B) 1,152 square meters connected with each point of the attached Form No. 23, 24, 25, 26, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, and 23 square meters, and the Defendants do not occupy the part of the instant land.
[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, evidence 4-1, 2, 5, evidence 6-1, 2, 7, 8, evidence 9-1, 2, Eul evidence 1-1 through 4, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s registration of transfer of ownership in the name of Defendant Hadong-gun as to the part of the instant land is null and void, and the registration of transfer of ownership in the name of Defendant Gyeongnam-do is also null and void.
Therefore, one of the deceased C's successors is the co-ownership of the property.