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(영문) 수원지방법원 2016.10.14 2014가합10048

소유권이전등기

Text

1. Defendant J shall set out the attached list in the Plaintiff.

5. 6/119 of each of the lands as described in paragraph (7) shall be co-owned.

Reasons

1. Basic facts

A. According to the Land Survey Book prepared in the Japanese colonial era, each land listed in the attached list 1 through 7 (hereinafter “each land of this case”) is indicated as being in the situation of L having his domicile in G in the G in the G in the G in the G in the G in the G in the G in the same Dong-dong division

B. The above L was killed on July 26, 1952, and the Plaintiff is the grandchildren of the deceased M.

C. On September 13, 1976, the registration of initial ownership was completed in the name of N on each land listed in the separate sheet Nos. 5 and 7. On the other hand, N died on March 23, 1991 and there was Defendant C, E, F,O, G, H, and I, who is the spouse of the defendant B, his child, as his heir, and the aboveO died on March 5, 1980, and there was P, Q, who is the spouse of the defendant J and his heir.

Attached Form

On May 13, 1995 with respect to each land listed in list 1, 2, 3, and 4, registration of preservation of ownership was completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate under the name of the Defendant C (amended by Act No. 4502 of Nov. 30, 1992, hereinafter “Special Measures Act”).

E. The registration of ownership transfer was completed in the name of R on December 31, 1975 with respect to each parcel of land listed in the separate sheet No. 6, and the registration of ownership transfer was completed on November 16, 1985 under Defendant D’s name on June 25, 1991.

[Reasons for Recognition] Facts without dispute, Gap's statements as to Gap's 3 through 11, 14, 16, 17, 19 through 22 (including each number; hereinafter the same shall apply), Eul's statements as to evidence 2 and 3, and the purport of the whole pleadings

2. Determination as to the claim against Defendant J

(a) An attachment list of the claims;

5. Each land set forth in paragraph 7 is the Plaintiff’s sole inheritance after the Plaintiff’s disposal of the network M, which was based on the circumstances of the Plaintiff’s assistance. As such, registration of preservation of ownership of the network N is invalid because it is by a person without ownership. The network N bears the obligation to register the transfer of ownership based on the restoration of real name against the Plaintiff who is the real owner. The Defendant J bears the obligation to register the transfer of ownership based on the restoration of real name against each of the above land.