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(영문) 창원지방법원 2016.01.15 2014가단27503

소유권이전등기말소 등

Text

1. As to the Plaintiff, 1705 square meters of C forest land in Kimhae-si

A. Defendant B, on August 31, 201, the Changwon District Court Kimhae registry office.

Reasons

1. Determination as to the claim against the defendant B

A. The registration of ownership transfer was completed on September 25, 1973 on October 2, 1973 with respect to the 200,000 parts of the 20,000 parts of the C Forest land in Kimhae-si, Kimhae-si, Kim Jong-si, Busan-si, Busan-si, and the said 209 parts of the C Forest land was completed on September 25, 1973. The said 209 parts of the C Forest land in Kimhae-si, Kim Jong-si, 1705 square meters (hereinafter “instant land”).

(2) On the other hand, on August 31, 201, Defendant B’s ownership transfer registration on the instant land was completed on August 29, 201 (hereinafter “instant ownership transfer registration”) on the ground of donation on August 29, 201, upon Defendant B’s application by Defendant B’s mother G (G; hereinafter “non-resident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 8, the purport of the whole pleadings

B. The Plaintiff’s assertion and judgment 1) The Plaintiff is the owner of the instant land, the ownership transfer registration of which was completed on October 2, 1973, with respect to the 200 Y C Forest land in Kimhae-si, and the ownership transfer registration of this case was completed upon the Nonparty’s application that did not have any authority over the instant land, and it should be cancelled as it is a registration invalidation. (2) The Nonparty’s assertion by Defendant B was the owner of the instant land, the ownership transfer registration of which was completed on October 2, 1973, as the Nonparty was the owner of the instant land, the title transfer registration of which was lawful.

3) In full view of the facts-finding, Gap 6, 11, and 15's statements, and the fact-finding results of this court's fact-finding on the H community service center, the plaintiff's name is Eul, and the plaintiff's resident registration card address from November 27, 1972 to July 27, 1974 is the I of the Busan Si-Gu, and the plaintiff's resident registration card address is the I of the Busan Si-Gu, and the plaintiff's name was revised from K to L as it was incorporated into the Busan Si-Gu, P of January 22, 1959, according to the Busan City Ordinance No. 156 (No. 156 of Jan. 22, 1959). Thus, the plaintiff is the "D and the Busan Si-Gu, Busan-gu E" recorded as the owner of the copy of the register register of the 2