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(영문) 창원지방법원통영지원 2015.05.19 2014가단4803

소유권말소등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) D on May 29, 1921, the land indicated in [Attachment List No. 1] on May 29, 1921 (hereinafter “instant land”).

(2) On May 26, 1995, the defendant Eul owned the land of this case and died on May 7, 1956, and he succeeded to the land of this case as Australia's heir. On November 5, 1971, E succeeded to the land of this case, and upon the death of G on July 8, 1980, he jointly succeeded to the shares inherited by his wife I, children J, K, L, M, and the plaintiff. 2) The defendant Eul purchased on May 26, 1995 the land of this case under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 4502, Nov. 30, 1992; hereinafter referred to as the "Special Measures for the Registration of Ownership") and completed the registration of ownership transfer from his original 205,00,000 won, and completed the registration of ownership transfer from his original 20,500,000 won.

B. 1) The process of registration of preservation of ownership of the instant building: D’s grandchildren G (E in south of the Republic of Korea)

) On the instant land, the building listed in Section 2 of the attached Table (hereinafter “instant building”) is located on the instant land.

A) A newly built and owned the building ledger as an owner, and died on July 8, 1980. Of the successors, wife I died on January 30, 2002, and on April 4, 1992, JJ dieded on G. 2) A’s child K, L, N,O, Plaintiff, and Yong-Nam J’s child P, Q (J R’s wife R on March 26, 2007, and on February 24, 2010). However, on July 16, 2010, G’s heir completed the agreement on the division of inherited property as the Plaintiff’s sole inheritance, and the Plaintiff completed the preservation registration of the building of this case upon the agreement on the division of inherited property.

【Ground of recognition】 Class A, 2, 4, 10 evidence, and b.