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(영문) 수원지방법원 2016.04.20 2015나36140

진정명의회복을 위한 소유권이전등기

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in paragraph 1 of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the land prior to the division was acquired in original form by the Plaintiff’s prior to the Plaintiff’s transfer, and thus, the registration of preservation of ownership in the name of J of Gwangju-gun on the land prior to the division was reversed, and thus, the registration of invalidation in the name of J of Gwangju-gun on the

Therefore, as to the instant land divided from the said land, the Defendant, who received the ownership transfer from the J of Gwangju-gun in succession, is obligated to implement the procedure for ownership transfer registration based on the restoration of real name as to the instant land to the Plaintiff who succeeded to the deceased K’s property in succession

B. Determination 1) According to the results of the fact-finding conducted by the court of first instance as to the head of Sungnam City of the first instance, the following facts are found: (a) there is no address attached to the land investigation division concerning the land prior to the division; (b) other Dongs, other than K, which is the address of Gwangju-gun L, has not been verified on the register of removed land management before the division; (c) it is not possible to confirm the residence of the above K at the time of 1911; and (d) in light of the above fact-finding’s permanent domicile and the address of the land prior to the division, it is insufficient to conclude that the above facts alone are the same person, who is the name of the land prior to the division, and the Plaintiff’s prior to the division, as the Plaintiff’s prior to the division, even if the title of the land prior to the division is the same person; and (d) there is no other evidence to acknowledge it, even if the Plaintiff’s prior to the division and the situation of the land prior to the division, the Defendant’s entire land category of G 193.