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(영문) 창원지방법원 2018.12.20 2018나53174

소유권말소등기

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1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. F on June 29, 1985, the address of the same Ri is deemed to be “Mi” only when the address of the same Ri is “Mi”. < Amended by Presidential Decree No. 10685, Jun. 29, 1985; Presidential Decree No. 20358, Feb. 29, 2005>

As to the registration of ownership transfer on September 10, 1971 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, effective), the registration of ownership transfer based on sale on September 10, 1971 has been completed. 2) On June 7, 1994, the size of G land was 454m2, and the size of G land was 454m2. On the same day, Defendant B’s father H completed the registration of ownership transfer based on sale on October 5, 1985 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, effective) with respect to the said N land.

3) On December 14, 2006, the remaining area of the land prior to the subdivision is 454 square meters, G 290 square meters and E 164 square meters (hereinafter “instant land”).

Defendant B was divided into the instant land on October 4, 2007, and the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (No. 7500, invalidation; hereinafter the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate) was all “Special Measures Act.”

Pursuant to the registration of transfer of ownership on July 1, 1985 (hereinafter “instant transfer of ownership”).

(4) The co-defendant C of the first instance trial completed the registration of ownership transfer based on sale on January 9, 2009 with respect to the instant land on January 22, 2009. Defendant D completed the registration of ownership transfer based on sale on October 19, 2010 with respect to the instant land on October 19, 2010.

B. The parties’ relationship 1) died on August 25, 2005, and the Plaintiff, as the deceased F’s children, died after 2004 as the birth of F’s spouse’s O. 2) Defendant B was one of the deceased’s successors as the deceased’s children.

[Reasons for Recognition] Uncontentious Facts, Gap Nos. 1, 3 through 6, 11, and Eul No. 3.