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(영문) 대구지방법원포항지원 2016.01.12 2015가단301869

소유권이전등기

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1. The Defendant made the Plaintiff the reason for the restoration of the true registration name with respect to the forest B, 3,517 square meters in North-gu, Northern-gu.

Reasons

1. Basic facts

A. The instant land was originally owned by the network C.

B. As to the instant land, on November 21, 1962, the registration of transfer of ownership in the name of the Ansan Land Improvement Cooperative (hereinafter “instant registration of transfer of ownership”) was completed on December 21, 1962, and on June 10, 2010, the registration of change in the name of the registered titleholder was completed in the name of the defendant who succeeded to the status of the said Ansan Land Improvement Cooperative.

C. The deceased on September 8, 1939, and the deceased on September 8, 1939, the deceased D independently inherited property as his family heir.

On February 4, 2002, the network D died with wife E, the Plaintiff, F, and G, and on April 27, 2015, the deceased’s inheritors agreed on the division of inherited property with the Plaintiff’s sole inheritance of the instant land.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence 1 through 10 (including branch numbers in case of additional number) and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the registration of transfer of ownership of this case was made after the death of the deceased C, who is the person liable for registration, and is void unless there are special circumstances.

In addition, it is legally permitted to seek implementation of the procedure for registration of ownership transfer based on the restoration of the real name in lieu of seeking cancellation of the registration against the present registered titleholder by the genuine owner who has registered ownership under his/her own name or who has acquired ownership under the law, by means of restoring the title of the registration (see, e.g., Supreme Court Decision 89Meu12398, Nov. 27, 1990). Thus, the Defendant is obliged to implement the procedure for registration of ownership transfer based on the restoration of the real name of the registration with respect to the instant land to the Plaintiff.

B. The judgment on the defendant's assertion is based on the restoration of real name, since the plaintiff inherited the land of this case by an agreement on division of inherited property.