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(영문) 서울중앙지방법원 2016.08.26 2015가합561095

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land survey division prepared during the Japanese occupation period was registered by J (K and address disturbance) as the owner of 387 square meters (hereinafter “instant land before the instant partition”).

(b) Attached Form;

1. Each land indicated in the list (in sequentially referred to as the “land Nos. 1 through 4”; hereinafter referred to as the “each land of this case”) is the land divided from the land prior to the division.

C. As to the land No. 1 of this case, on October 28, 1994, and on the land No. 2-4 of this case on September 5, 1989, the registration of preservation of ownership in the name of the defendant (hereinafter "each of the registration of preservation of ownership in this case") was completed respectively.

On July 17, 1916, the net M (N, the legal domicile of Gyeonggi-do) died, and on February 25, 1989, the network P, which is its heir, died.

Plaintiff

A, B, F, G, H, I, and net Q are children of the network P, and the children of the Plaintiff C, D, and E are children of the net Q Q (Death of September 5, 2007).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3-3, 4-1-3, 12-3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion 1 is that the plaintiffs' preference M was assessed before the division of this case, and the plaintiffs were attached through the network P.

2. M’s property was inherited at the ratio of each share entered in the list;

Each of the lands of this case is the land divided from the land before the partition, and each of the lands of this case is null and void since the defendant completed each of the lands of this case without title. Thus, the defendant is liable to the plaintiffs for each of the lands of this case.

2. With respect to each share entered in the list, the procedures for ownership transfer registration based on the recovery of each authentic title shall be fulfilled.

2) The gist of the Defendant’s assertion (A) The J and the Plaintiffs’ preemptive Ma as stated in the Land Investigation Division cannot be deemed the same person.

B. Since the defendant is written as the owner of each land of this case in the land cadastre and register, each of the above.