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(영문) 의정부지방법원 2015.02.10 2014가단111801

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty D was assessed on the return 12,940 square meters (hereinafter “instant land before the instant subdivision”).

B. After that, the land before the instant partition was divided into F, Gyeonggi-gun, and on May 29, 1967, registration of preservation of ownership in the name of Nonparty G was completed with respect to the said F land.

C. The defendant completed the registration of ownership transfer on June 22, 1967 due to sale on June 20, 1967.

After that, on June 16, 1986, the above C land was divided into the above land (hereinafter “instant land”).

E. Meanwhile, as D died on January 8, 1931, H inherited the said land before subdivision alone.

He died on February 20, 1948, which was before H’s death. On April 8, 1949, J, the son of I and the son of H, succeeded to the land before the said subdivision alone.

F. On June 30, 1995, J was declared missing on June 30, 1995, and the Plaintiff, the wife of J, K, and ASEAN jointly succeeded to the said land before the said subdivision, and upon the death of the said K, the Plaintiff solely succeeded to the said land before the said subdivision.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The presumption of registration of preservation of ownership as to the cause of the claim shall be broken if a person other than the person holding the registration of preservation is found to have received an assessment of the relevant land, and such registration shall be null and void as long as a registered titleholder fails to assert and prove the specific fact of acquisition by succession.

Since registration of preservation of ownership is a new registration form, the real estate is determined on the register by establishing a new registration form, and the alteration of rights to it thereafter becomes an starting point for registration of preservation, it is an official letter guaranteeing that registration is consistent with the legal relationship of substantive law. Therefore, it cannot be made based only on the relative circumstances between the parties, such as other common registrations, and there is no real right.