beta
(영문) 전주지방법원군산지원 2014.10.17 2013가단4093

소유권말소등기

Text

1. With respect to the plaintiffs, among the real estate listed in the separate sheet of real estate:

A. As to shares of Defendant C and D, each one-third.

Reasons

1. Indication of claims against Defendant C: as shown in the attached Form “the cause of claims”

applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act (in a case of Confession)

2. The issues of this case against Defendant D, E, F, G, H, I, J, K, and L clan: The facts in the attached Form Nos. 1, 4, and 5 (including the serial number) are acknowledged in full view of the overall purport of the pleadings. As such, the issues of this case are whether the presumption of registration of ownership preservation of this case, as alleged by the Plaintiffs, has been broken.

The key issue is: (a) the Plaintiffs’ conciliation division M was assessed against N,O, P, Q, etc.; (b) Defendant C, and D did not have any ground to regard the forest of this case as O or Australia heir (A6); (c) Defendant C, D, and R prepared a separate statement (A5) as stated in attached Form 3 as to the “Cause of Claim”; and (d) completed registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Real Estate Ownership Transfer (Act No. 4502 of Nov. 30, 192) with respect to the entire forest of this case under their names; (c) Defendant C did not dispute the instant claim at all; (d) Defendant D and D merely asserted the presumption of registration; and (e) there was no answer to the request by the presiding judge for the process of acquisition of ownership (the third date for pleading), and there was no reason to view that the aforementioned Defendants’ agent returned the registration to the original owner; and (e) there was no substantive submission of the certificate of ownership transfer as to the real estate under his name.

Determination on the cause of the claim: Therefore, since the registration of preservation of ownership in the name of Defendant C, D, and R with respect to the real estate stated in the attached Table “Real Estate List” is an invalid registration, it is the heir of Defendant C, D, and R.