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(영문) 서울남부지방법원 2017.07.06 2016가단224101

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was that the deceased and the deceased et al. (hereinafter “the deceased”) were assessed against the Plaintiff and the Defendant et al. in 1914, a Japanese colonial rule, and succeeded in succession to the deceased’s heir, including the Plaintiff.

On the other hand, the deceased died on February 21, 1962 without completing registration of preservation of ownership on the land of this case, and around 1965, registration of preservation of ownership on the land of this case was completed in G name without inheritance relations with the deceased.

Accordingly, around February 1993, H, one of the heirs of the deceased, prepared for the recovery of inherited property by taking a provisional disposition prohibiting disposal of the land of this case.

However, on March 12, 2009, the registration of transfer of ownership in the name of the defendant and the designated parties has been completed due to sale and purchase. The registration of transfer of ownership in the name of the defendant and the designated parties is also based on the registration of transfer of ownership in the name of G, the invalidation of the cause.

Therefore, the defendant and the designated parties are obliged to complete the registration of ownership transfer based on the recovery of real name according to their inheritance shares among the inheritors of the deceased with respect to their respective shares on the land of this case, except for I who are the father of the defendant among the inheritors of the deceased.

B. The summary of the Defendant’s assertion was that the deceased donated the land of this case to the South South-North Korean court before his birth, and the J cultivated this. The registration of preservation of ownership in the name of G was completed around 1965.

Therefore, while J asked I (the defendant and the selected C's father) to recover the land in this case, I had already failed to take any particular measures since he was living together with his own children, while I had tried to file a criminal complaint with H, which is a smaller I, who had considered to be a member of the early 193.

G At the time, the land of this case is legitimate.