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(영문) 울산지방법원 2020.08.26 2019가단102986

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. The land in question was assessed on March 25, 1912 on the land cadastre of Ulsan-gun I, Ulsan-gun (hereinafter “instant land”) and was transferred to K on June 11, 1912. On January 30, 1915, the registration was made on September 28, 1934.

B. Since then, on February 10, 1968 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “former Special Measures”), the ownership transfer registration was completed on August 31, 1981 by 1/2 shares in the name of Defendant B and N, and on November 11, 1995 with respect to 1/2 shares in the name of N, the ownership transfer registration was completed on July 15, 1998 under the name of Defendant C/18, 2/18 shares each in the name of Defendant D, E, and F, and the entire land of this case was completed on March 11, 2009 after the registration of ownership transfer was completed on March 19, 209.

C. After that, on September 15, 2017, the instant land was divided into 460 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) and 195 square meters in P field (hereinafter “instant 2”). Among them, the instant land was completed in the name of Defendant Ulsan-gun on September 12, 2018 on the ground of an agreement on the acquisition of public land.

M (M, hereinafter “the deceased”) died on June 28, 1947, and the Plaintiff inherited the deceased’s property by inheritance of Australia.

【Fact-finding without dispute over the basis of recognition, Gap 1 through 14 (including more than one number), the purport of the whole pleadings.

2. Determination

A. The summary of the Plaintiff’s assertion succeeded to the instant land owned by the deceased, and the Plaintiff did not sell the instant land to Defendant B and the deceased N.

Therefore, the registration of transfer of ownership in the name of Defendant C, D, E, and F, which is the owner of Defendant B, network N, and their successors, is the registration of invalidity of the cause, and the registration of transfer of ownership in the name of Defendant G and the head of Ulsan District is also the registration of invalidity.

Therefore, the defendants are listed in the annexed list.