소유권이전등기말소등기 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty D (hereinafter “Nonindicted Party D”) married with E and placed the Plaintiff, Nonparty F, G, H, and Defendant as his child, died on December 23, 197, and died on August 7, 2006.
B. On July 15, 1974, the Nonparty completed the registration of the preservation of ownership with respect to CJ 1,070 square meters (hereinafter “the land before subdivision”). On October 24, 2006, the land before subdivision was divided into I large 302 square meters and J large 442 square meters, and 326 square meters left.
(hereinafter referred to as “instant land”). C.
The Nonparty: (a) constructed a house on the land before the division (hereinafter “instant house”) and died while residing in unregistered state; and (b) after the Nonparty’s death, the Nonparty resided in the instant house.
After the death of the Nonparty, the Nonparty’s inheritors completed the registration of ownership transfer with respect to the land before subdivision on April 7, 1978, namely, E’s 2/18 shares, the Plaintiff’s 6/18 shares, F/18 shares, 1/18 shares, H/18 shares, and 4/18 shares, respectively.
E. On November 8, 1994, the Defendant completed the registration of ownership transfer under the Special Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 15, 1985, hereinafter referred to as the “Special Act”), which was based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate. The Defendant completed the registration of ownership transfer under the Special Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 8, 1994, with respect to the Plaintiff’s portion of the land before subdivision, based on the Special Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Special Act No. 57693, Nov. 15, 1985).
F. As above, a letter of guarantee prepared by the Defendant in the process of completing the registration of ownership transfer with respect to the Plaintiff’s share out of the land before subdivision, based on the Special Adjustment Act, was held by the Defendant on January 15, 1985 and actually purchased 6/18 of the Plaintiff’s share among the land before subdivision to the Plaintiff.