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(영문) 춘천지방법원원주지원 2020.09.08 2020가단54359

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

A. As to the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on February 22, 1973, the registration of the transfer of ownership by the “D” and “E” on the resident registration number unregistered in the resident registration number of the Switzerland-si C (hereinafter “the domicile on the registry of this case”) and “E” are completed as to the real estate No. 5105, which was received on April 23, 1973 from the original district court of Chuncheon as to the real estate No. 5105, which was received on April 23, 1973, and as to the real estate No. 3449, March 21, 1973.

B. Meanwhile, with respect to the 2nd real estate of this case, the Plaintiff is the same person as D, the nominal owner on the registry of each real estate of this case, and the Plaintiff B of this case rejected each of the above applications based on Article 29 subparagraph 7 of the Registration of Real Estate Act (where the indication of the person responsible for registration is inconsistent with the registration record and the indication of the person responsible for registration of application information) by asserting that it is an inheritor who inherited the shares of “D” solely through an agreement on the division of inherited property with the inheritor, the nominal owner on the registry of this case, and the Plaintiff B of this case filed an application for the registration of the change of ownership transfer due to the division of consultation (No. 29682 of April 24, 2020), but both of the above applications for registration were different from the address of “D” and “E”, which are the person responsible for registration, and on the ground that the address of the Plaintiff and B was different from “E”, Article 29 subparagraph 7 of the Registration of Real Estate Act.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (Additional Number), and the whole purport of the pleading

2. The Plaintiffs, which is the neighboring area of each of the instant real estate, installed H’s graves, which are the high tide of the decedent F of Plaintiff A and Plaintiff B, and Nonparty I, etc. had been cultivated each of the instant real estate as the first paddy field while managing the said graves for a long time. In light of the circumstances such as confirming that the former president of the J, where each of the instant real estate is located, was the ownership of each of the instant real estate by the Plaintiffs.