beta
(영문) 창원지방법원 2020.10.07 2019가단10777

소유권이전등기등 말소

Text

1. The plaintiff's main claim and the defendant B are all dismissed.

2. All costs of lawsuit are assessed against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B died on April 20, 1979, as G, who is the father of the Plaintiff and the Defendant, who was a fluorial paper and the Defendant’s father.

(hereinafter referred to as “the deceased”). (b)

On April 1, 1963, the Deceased completed the repayment under the former Act on Special Measures for the Registration of Transfer of Distribution Farmland Ownership on April 1, 1963 with respect to the land of 1,365 square meters (hereinafter “land before subdivision”) prior to the subdivision, Kim Jong-si, the Changwon District Court received the registration of transfer under the name of the Deceased on April 30, 1963.

C. As to the land before subdivision under the name of the deceased on February 13, 1984, Defendant B completed the registration of ownership transfer under the above Defendant’s sole name on October 10, 1973 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, effective, and effective) being enforced at the time.

On December 5, 2011, the land prior to subdivision is divided into 1,328 square meters and 1,37 square meters prior to H, and on February 27, 2017, the 1,328 square meters prior to H was divided into 1,296 square meters prior to H [1 (b), hereinafter “instant land”) and 32 square meters prior to J.

E. On May 29, 2019, Defendant C purchased the instant land from Defendant B, and completed the registration of ownership transfer on July 1, 2019, and purchased at least 397 square meters on the following day on July 29, 2019 and combined the instant land with F, 397 square meters on July 29, 2019.

(B) After the combination of lands, the instant land falls under a part of the F-1,693 square meters, whichever is earlier than F-1,693 square meters. The Defendant Association established a security on the instant land and F-land to Defendant C, and completed the registration of the establishment of a collateral and the creation of a superficies with the maximum debt amount of KRW 50,00,000.

(each registration stated in the purport of the claim). (Reasons for recognition) Evidence A1, 2, 3, 4, 5 (including each number), the purport of the whole pleadings, and the fact that there is no dispute

2. On April 1963, the Plaintiff’s summary of the Plaintiff’s assertion was in fact owned by the Plaintiff as at the time the Deceased purchased the land before subdivision containing the instant land, and the land in this case was actually owned by the Plaintiff, and under the name of the Deceased.