beta
(영문) 울산지방법원 2015.12.18 2015가단54430

소유권이전등기

Text

1. The defendant shall accept the registration of the Ulsan District Court and April 15, 1996 for each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. The registration of the Ulsan District Court with respect to each real estate listed in the separate sheet (hereinafter “each of the instant lands”) and the registration of ownership transfer was completed in the name of “C” with the address of “C” as of January 22, 1941, the receipt No. 468 on January 22, 1941.

B. On the ground that “C” is Japan, the Defendant completed the registration of the Ulsan District Court with respect to each of the instant land and the registration of transfer of ownership based on the reversion of rights on April 15, 1996, the receipt of No. 468 of April 15, 1996 (hereinafter “each of the instant registrations of transfer of ownership”).

C. D, the father of the Plaintiff, was born, died on December 17, 1946, and the legal domicile of the Plaintiff was “Slsan-si B.”

As the children of the above D, the plaintiff, F, and G are co-inheritors of the above D.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff's father, who is the plaintiff's father, is the same person as the above "C" registered as the owner of each of the lands of this case and the fact that each of the lands of this case is owned by the above D, but the defendant, as Japan, completed each of the above "C" recorded in the register, and thus, the registration of this case is null and void, and therefore, the plaintiff, who is the co-inheritors of the above D, as co-owner of each of the lands of this case, sought cancellation of each of the transfer registrations of this case

B. (1) Determination is based on the following circumstances that can be acknowledged by comprehensively considering the purport of the entire arguments as seen earlier, namely, the closed register of each of the instant lands: (i) the address of the owner “C” is indicated as “B in Ulsan-si, Ulsan-si; (ii) the permanent domicile of each of the instant lands is identical to that of the North-gu, Ulsan-si; and (iii) the name of “C” registered as the owner of each of the instant lands and the name of the said D at the time of the Japanese occupation.