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(영문) 대전지방법원 2015.05.07 2014가단32035

소유권이전등기의 말소등기 및 토지명도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The first 1,181 square meters, E, E, 1,181 square meters (hereinafter “instant land”) was replaced with C, 375 square meters (1,240 square meters converted into the size of December 12, 1986) on October 26, 1993, and was replaced with the instant land.

B. On September 21, 1977, the registration of ownership preservation was completed in the name of Non-Party Ba F, the former husband of the Plaintiff, on the same day. On the same day, the registration of ownership transfer was completed in Non-Party Ga, the Defendant’s husband, and the substitute land C was completed on December 12, 1986, and the ownership transfer registration was completed in the name of Non-Party Ha on December 16, 1993 after the substitute land was replaced with the land of this case.

C. The above G died on May 26, 199, and the defendant completed the inheritance registration by agreement division as to the land of this case.

On the other hand, the plaintiff reported the marriage with F on September 27, 1961, but reported the divorce on February 24, 1996, and F died on October 16, 1998, and the heir is I, J, K, and L.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion that F, who is the owner of the land of this case, entrusted G with the cultivation of the land of this case. G, by opportunity, had the land of this case purchased from F as if he purchased the land of this case, completed a false ownership transfer registration under the name of F. As such, the above registration is invalid and its registration is invalid and its subsequent registration is null and void. The plaintiff, who was transferred the right to the land of this case from F's heir, the actual owner of the land of this case, sought the transfer of the land of this case to the defendant as a removal of interference based on the ownership.

3. The registration of ownership transfer for the judged real estate.