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(영문) 제주지방법원 2019.02.12 2018가단243

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land D prior to the instant subdivision was owned by E on May 19, 1939 due to sale and purchase on April 8, 1939. The F completed the registration of ownership transfer on the land prior to the instant subdivision pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) on November 21, 1979. After completing the registration of ownership transfer due to sale and purchase on February 6, 1970, G association completed the registration of ownership transfer on the land prior to the instant subdivision on February 6, 1987 as security for the loan, and completed the registration of ownership transfer with the maximum debt amount of KRW 9 million on December 11, 1987, and the debtor F completed the registration of ownership transfer on the land prior to the instant subdivision.

B. After the division, D land prior to the division was divided into 572 square meters prior to D on September 2, 1989 (hereinafter “D land after the division”) and 1,673 square meters prior to D on Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land”). However, the registration of subdivision was made on March 21, 2013. Before the subdivision registration after the division, F completed the registration of the establishment of a mortgage on D land prior to the division to H association as collateral for loans, with respect to the instant land prior to the division, the registration of the establishment of a mortgage on July 21, 1997 with the debtor F, the registration of the establishment of a mortgage on September 13, 2007, the maximum debt amount of debt amount of KRW 30,000,000,000, and the registration of the establishment of a mortgage on the debtor F.

C. After that, as the F died on September 29, 2012, on March 27, 2013, after the instant division, D and the instant land were completed the registration of ownership transfer due to inheritance due to a consultation division, and on August 19, 2013, the F repaid the loan and cancelled the registration of establishment of each of the above neighboring areas.

When I died on July 3, 2015, the Defendant, F and I’s children, completed the registration of ownership transfer on the land D and the instant land due to inheritance by consultation and division after the instant partition on August 13, 2015.

The Plaintiff owned K, which completed the registration of ownership transfer on or around June 1963, 145 square meters before Seopo-si, Seopo-si. The Plaintiff owned the land above (hereinafter “Plaintiff-owned land”) under the Act on Special Measures for September 8, 1979. < Amended by Act No. 3150, Oct. 10, 1968>