beta
(영문) 춘천지방법원 2016.11.02 2016가단274

소유권보존등기말소

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B and D is dismissed, respectively.

3...

Reasons

1. Basic facts

A. At the time of land investigation in the Japanese colonial era, Gangwon H 1,038 (hereinafter “instant land before the instant partition”) was under the circumstances of the I.

B. The land before the instant partition was divided as follows and the registration of ownership preservation was completed in the future of Defendant B and J, and the registration of ownership transfer was completed through the process of sub-merger after the sub-merger.

(2) On September 10, 1968, the following facts are as follows: (a) the Defendant B [the 177th, F 281, and G 115th, each of which was divided; (b) the Defendant B [the 175th, April 17, 1971] J [the 17th, April 3, 1971] J [the 1971. 4th, April 1971] the 5th, J (the 1971. 4th, April 3th, 1971; hereinafter the same shall apply] the 8th, December 120, 1972, the 87th, 4th, July 17, 1977, the 198th, 4th, July 15, 197

C. On October 18, 1950, before the enforcement of the Civil Act, the Plaintiff succeeded to family.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, 11, Eul evidence 1 to 14 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that P, the plaintiff, prior to October 18, 1950, purchased the land of this case from I, who was a situation titleholder, and acquired the ownership, and the plaintiff inherited it. The defendant C prepared a false document and completed the registration of preservation of ownership in the name of defendant B and Q (the husband of defendant D). Thus, the registration of preservation of ownership should be cancelled in its entirety as a cause invalidation.

B. A person liable for registration to file a lawsuit against Defendant C is a person who loses his/her right or is at a disadvantage by registration in the form of registration on the registry (the title holder or the general successor).

참조조문