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(영문) 대전지방법원 2019.10.22 2019나100439

소유권말소등기

Text

1. Revocation of a judgment of the first instance;

2. The defendant against the plaintiffs

(a) with respect to the E field 1,220 square meters in Chungcheongnam-gun;

Reasons

1. Facts of recognition;

A. The Plaintiffs are part of F’s co-inheritors as F’s grandchildren. F died on August 15, 1975. 2) The Defendant is G’s son, and G died on February 20, 2005.

B. 1) H on February 2, 1934, the registration of preservation of ownership and the registration of ownership transfer, etc. is 1,220 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

2) On February 2, 1934, the registration of ownership transfer in the name of "I" was completed for the reason of "Sale on May 4, 193 in the name of the holder of the title on the registry" (I, under the following, stated as "I" in the name of the holder of the title on the registry, and when the defendant's father is named, the registration of ownership transfer in the name of "G" was completed.

(3) The Defendant completed the registration of ownership transfer based on inheritance under the Daejeon District Court Decision 2922, Feb. 23, 2006, which was received on February 2006 by the Daejeon District Court Registry of Branch of District Court (Seoul District Court Decision 2922, Feb. 20, 2005) (hereinafter “the registration of ownership transfer under the name of the Defendant”).

C. The F, who occupied the instant land and paid taxes, occupied and cultivated the instant land. After his death, he occupied and cultivated the instant land.

After the O died, Plaintiff A paid the aggregate land tax imposed on the instant land by 2004 while managing the instant land.

As to the land of this case around February 23, 2006 by the defendant

B. (3) From the time of completion of the registration of transfer of ownership as described in paragraph (3), the land in this case was occupied. [Grounds for recognition] There is no dispute, Gap 1, 3, 4, 5, 6, 8 (including paper numbers, hereinafter the same shall apply).

- The purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs 1 asserted that the land of this case was originally owned by F, and since the registrar erroneously stated his name as I by mistake, the first transfer of ownership registration of this case is registered.