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(영문) 수원지방법원 2017.07.13 2016가단535384

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. Facts of recognition;

A. The Land Survey Book drawn up during the Japanese Occupation Period is written as follows: C (C; hereinafter “instant assessment titleholder”), D, and E were written as the assessment of Suwon-gun F. 196 square meters on May 11, 191.

B. On January 29, 2015, the instant land was converted into the administrative jurisdiction to the 648 square meters of Seosung-si B (hereinafter “instant land”). As to the instant land, Defendant Republic of Korea completed the registration of ownership transfer on April 11, 2005 and Defendant Gyeonggi-do Corporation completed the registration of ownership transfer on November 9, 201 on the ground of the acquisition of public land by consultation on November 3, 201.

C. The Plaintiff’s fleet G (G, hereinafter “Plaintiff’s fleet G”) died on May 10, 1941, and the Plaintiff’s father, a sole heir, died on March 17, 1979.

The heir of H died on August 30, 200 by wife I and children, J, K, Plaintiff A, L, M, and N. The wife of H died on August 30, 200. On June 27, 1955, J succeeded to the shares of J’s wifeO and P by way of inheritance.

On August 26, 2016, the above inheritors agreed to hold the Plaintiff’s prior G shares in the instant land as the sole owner of the Plaintiff.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion title holder is the same as the Plaintiff’s prior G and the Plaintiff, and the Plaintiff acquired ownership of the share of the instant land among the instant land through the division of inherited property agreement.

Although Defendant Republic of Korea completed registration of preservation of ownership of the instant land without legal title, such registration shall be cancelled because it is an invalid registration of cause.

In addition, since the registration of ownership transfer of Defendant Gyeonggi-do Corporation based on the registration of invalidation of the cause of Defendant Republic of Korea is also null and void, Defendant Gyeonggi-do Corporation is obligated to implement the procedure for cancellation of ownership transfer registration of this case.

(b).