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(영문) 대구지방법원상주지원 2020.11.17 2020가단840

소유권이전등기(진정명의회복)

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in the name of E on Mar. 23, 1950 with respect to D large 902 square meters (hereinafter “land prior to subdivision”) at the time of the residents in North Korea, and the registration of ownership transfer was completed in the name of F on Nov. 9, 1979 with respect to shares in double 120/273 square meters, according to the Act on Special Measures for the Registration of Real Estate in the name of G on Apr. 10, 1981 with respect to shares in 153/273.

B. The F deceased on August 28, 1984 and succeeded to H, the Plaintiff, and the designated parties. H died on October 16, 2010 and succeeded to the inheritance of the Plaintiff and the designated parties.

H was responsible for the Defendant’s audit.

C. Pursuant to the Act on Special Cases Concerning the Partition of Co-Owned Land on March 4, 1998, the land before subdivision is divided into D large 638 square meters and the land claimed in the claim (hereinafter “instant land”). The registration of change of ownership was completed in G’s name with respect to the instant land, and the registration of change of ownership was completed on August 9, 2013 under the Defendant’s name on August 9, 2013.

In the land of this case, the community center has been newly built and used in around 1971, and the community center has been newly built and expanded as a subsidy for stay in around 1986 and around 1996.

[Ground of recognition] Facts without dispute, Gap 1 through 4, Eul 1 through 6, witness G testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff F purchased the land before subdivision from E on January 8, 1968, and delegated the registration of ownership transfer to G in the name of F in accordance with the Act on Special Measures for the Registration of Real Estate. G arbitrarily completed the registration of ownership transfer in its name on April 10, 1981 with respect to the shares of double 153/273 shares, and the registration of ownership transfer in the name of the Defendant is null and void.

The plaintiff seeks procedures against the defendant for the registration of ownership transfer based on the restoration of the true name of registration.

B. Defendant around 1969: (a) purchased the instant land from F in a white paper and newly built a community hall; (b) registered transfer of ownership in G under the name of G, a transfer of ownership in the name of this Chapter around 1981; and (c) thereafter, the Defendant had registered transfer of ownership in the name of G, a transfer of ownership.