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(영문) 의정부지방법원 2017.02.10 2016가단110154

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. According to the forest survey document drawn up during the Japanese occupation occupation period, the fact that the net F is indicated as being examined by Gyeonggi-do E Forest & field E 24,700 square meters (hereinafter “instant assessment land”).

B. The instant assessment land became a 24,496 square meters of Gyeonggi-gun E Forest Land (hereinafter “instant land”) through the conversion of the area, etc., and the registration of ownership preservation was completed on September 15, 1979 with respect to the instant land under the name of G, the representative of the Defendant on September 15, 1979. On March 29, 2004, the ownership transfer registration was completed on the ground of sale in the Defendant’s future.

C. The deceased on December 6, 1926, and the deceased on December 6, 1926, H and his family members inherited from among the five children of H, I, J, K, L, and M, who died during the Korean War, and the next family members succeeded to Australia again.

Since then, I died on July 20, 1963 and died on January 1, 2002, NB, who was his spouse, and eventually succeeded to the land of this case as the shares of Plaintiff A10/21, Plaintiff B7/21, and Plaintiff C4/21.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The assessment titleholder of the land of this case is the deceased F, and since the plaintiffs inherited this, G, the nominal owner of the land of this case, is the owner of the land of this case. Since G, the nominal owner of the ownership preservation registration, without any title, completed the registration of ownership preservation on the land of this case, G, without any title, the registration of ownership preservation on the land of this case is invalid, and therefore, the registration of ownership transfer on the land of this case succeeded from this registration is null and void. Thus, the defendant is obliged to implement the registration procedure of ownership transfer on the

B. Since the land of this case was purchased from H or I, the heir of the deceased F in the late 1930s by G, the registration of preservation of ownership in G name is effective, and is also effective.