소유권이전등기절차이행 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The purport of the cause of the claim is Yangyang-gun C, 2016 square meters (hereinafter “instant land”) 2016 square meters (hereinafter “instant land”) and D 893 square meters (hereinafter “instant land”), which is the land for which the Plaintiff’s Choyang-man’s lighting was under circumstances
In addition, after the deceased E dies, the deceased F, who is the family heir of the deceased, and the deceased G, who is the birthee of the deceased, succeeded to the deceased G in succession. After the deceased G, the plaintiff, H, I, J, K, and L, who is the heir of the deceased, agreed on the division of inherited property that the plaintiff would inherit the land of this case by himself. Thus, each of the above lands is owned by the plaintiff.
However, since the deceased M completed the registration of ownership transfer due to the recovery of the land in this case without any legal title, the above registration of ownership transfer is null and void. Since the registration of ownership transfer under the name of the defendant B and the registration of creation of each right to collateral or superficies under the name of the defendant Yangyang Agricultural Cooperatives are null and void, the plaintiff is obligated to perform the procedure for the registration of ownership transfer due to the recovery of authentic title, and the defendant Yangyang Agricultural Cooperatives is obligated to perform the procedure for the registration of cancellation of each right to collateral or superficies creation.
2. Determination
A. In a case where the registration of transfer of ownership is made according to the procedure for recovery registration after the registration of transfer of ownership is destroyed by the registry, the registration of recovery is presumed to have been legally accepted and processed by the registry official. Thus, even if the date of receipt, receipt number, and cause date of the former registration in the registration of loss of ownership transfer registration is each official column, barring any special circumstance, it is presumed that the registration official lawfully treats the former registration by the application for registration accompanied by a document proving his/her right to the former registration, such as a copy of the land cadastre, according to the summary of the registration of recovery of transfer of ownership (see, e.g., Supreme Court Decisions 2003Da44615, 44622, Dec. 12, 2003; 97Da34723, Nov. 25, 1997).