소유권말소등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 9, 1962, Defendant B, AI, AJ, AK (hereinafter “Defendant B, etc.”) and AL completed the registration of ownership transfer on January 31, 1962 with respect to AD forest land 38,715 square meters (hereinafter “instant land”) in Si/Gun/Gu. The co-owners’ column of the land closure register of this case include only the co-owners’ names and addresses, without separately indicating co-ownership share.
B. As the registry of the instant land became computerized, the said co-owners’ co-ownership shares were entered in 1/5 shares, respectively.
C. The AL died on September 16, 1988, and its heir has the Plaintiff, AF, AG, and AH, who is the spouse, as the heir.
The remaining Defendants except Defendant B are successors of network AI, AJ and AK.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 3 through 9 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. In early 1962, the Plaintiff’s assertion that the land of this case was purchased with 12 rice, and the Defendant B, etc., who was a relative, requested the establishment and delivery of a family funeral before completing the registration of ownership transfer, requested the establishment of a family funeral. The Plaintiff’s assertion omitted co-ownership indication in the process of registering as co-owners by AL and Defendant B, etc.
As can be seen, although the co-ownership share is not indicated in the co-owner’s column of the land closure register of this case, AL owns 5/6 shares (rice 10 man), Defendant B, etc. in proportion to the purchase price each assumed. As such, it can be seen that the entry of the above closed register without the co-ownership share is indicated in the table.
Nevertheless, since the land registry of this case was erroneously stated that co-ownership is equal in the process of computer processing, the remaining Defendants, who are the inheritors of Defendant B, AI, AJ, and AK, were registered in excess of the above co-ownership shares with the Plaintiff, AE, AF, AG, and H, the heir of AL.