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(영문) 창원지방법원 2018.01.11 2017가단105923

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. I shall attach on May 16, 1917, attached hereto.

2. (1) With respect to the real estate listed in paragraph (1) (hereinafter “instant 1 real estate”), the attachment on February 1, 1919

2. (2) Each of the real estate mentioned in the port (hereinafter “second real estate”) was assessed.

B. The deceased J completed the registration of the Changwon District Court with respect to the real estate No. 1 in this case as of April 11, 1984 and each of the registration registrations of the real estate No. 2 in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094) as of April 11, 1984 and as of April 11, 1984.

C. The J died on August 16, 2005, and there was Defendant C and his children, D, E, F, G, and H as the inheritee.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 7, 10, 13 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's claim and judgment

A. The Plaintiff’s assertion was married with K, and L, M, N (Nam),O, P, and Q (Nam) in his own way. At the time I died, South N, and South Q (Seoul) were killed in their unmarried status and succeeded to Australia as the wife of I.

I L had T with wife, and T had U, V, W, X, and Y under the chain of marriage with the Plaintiff.

K had the husband of the plaintiff T, who had no objection, manage the graves and the property of the vessel.

Since T was deceased on August 16, 1971, K donated the instant real estate to the Plaintiff and his children on December 20, 1975.

J made registration of preservation of ownership in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate at around 1984 without any title to the instant real estate.

Therefore, since the above registration of preservation of ownership is invalid, the defendants are obliged to cancel the above registration of preservation of ownership to the plaintiff who is the real right holder.

B. The Defendant B’s portion 19 of the judgment No. 19 cannot be proven as the authenticity of the petition, and the evidence cannot be used as evidence, and the evidence No. 2 through 6, 8 through 12, 14 through 18, and A.