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(영문) 수원지방법원성남지원 2016.05.12 2015가합205204

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The land survey division drawn up during the Japanese colonial era with respect to G GJ 3,078 (hereinafter “land before subdivision”) prior to the division is indicated by H as being subject to assessment of the land.

B. He died on April 2, 1923, and on December 26, 1981, H died of the family head heir and the sole property heir of H, and on December 26, 1981, H inherited the Plaintiffs’ property, such as the shares listed in the separate sheet No. 2 attached hereto.

C. On December 10, 1963, registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed in the name of J, K, L, L, M, N, andO on the land before subdivision, and on May 15, 1984, based on the above registration of ownership preservation, the registration of ownership transfer was completed in the name of the Defendant on October 1, 1973 under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (hereinafter “Special Measures Act”), and the registration of ownership transfer (hereinafter “each of the instant land transfer”) was divided into each of the land listed in the attached Table 1 (hereinafter “the instant land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Grounds for and determination of the claim

A. The plaintiffs' assertion in this case was examined in the name of H, the preference of the plaintiffs, and it was inherited to the plaintiffs and owned by the plaintiffs.

However, the J et al. completed the registration of initial ownership in the instant land even though it did not purchase the instant land, and the Defendant completed the registration of initial ownership transfer, thereby completing the registration of initial ownership transfer. Therefore, the registration of initial ownership in the instant case and each transfer of ownership in the instant case

Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the land of this case to the plaintiffs for the restoration of real name.

B. The presumption of registration of preservation of ownership of one parcel of land has a separate person to whom the land was assessed.