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(영문) 제주지방법원 2015.02.06 2014가단4582

소유권이전등기

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1. The Defendant (Appointed Party) and the designated parties indicated the attached Form 1, 2, and 188 square meters among the 6,188 square meters of Seopopo-si C orchard in Seopo-si on the Plaintiff.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed in the Plaintiff’s name in 1970 with respect to the land of 6,188 square meters in Seopo-si, Seopo-si (hereinafter “instant land”), and the same month in the name of Da on May 5, 1973

3. The transfer registration of ownership was completed on the grounds of sale and purchase, and again on February 14, 1974, the transfer registration of ownership was completed on the grounds of sale and purchase in E on January 13, 1974.

B. After the death of E, on December 31, 1996, the registration of ownership transfer was completed on July 30, 1993 due to inheritance due to a consultation division, in the names of the Defendant (Appointed Party) and the designated parties.

C. Of the instant land, the portion “B” part of 568 square meters in the ship connecting each point in sequence of the indication 1, 2, 3, 4, and 1 of the attached drawings among the instant land (hereinafter “instant land”) is a mountain fence to protect the Plaintiff’s tombate and furnal portion, which are in the form of a subdivision.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 and Eul evidence 1, and the result of the commission of surveying and appraisal to the director of the Korea Intellectual Property Corporation and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) on May 3, 1973, sold the land of this case to D except the land of this case among the land of this case, and the registration title of the land of this case was transferred to D for convenience. Thus, each transfer registration of ownership in the name of the defendant (appointed party) and the designated parties on the land of this case was made without any legal ground. Accordingly, the defendant (appointed party) and the designated parties are liable to implement the registration procedure for transfer of ownership on the land of this case for the restoration of the authentic name. Since the defendant (appointed party) and the designated parties purchase the entire land of this case from D, they cannot respond to the plaintiff's request because the deceased E purchased the entire land of this case from D.

B. The Plaintiff’s instant dispute over D among the instant land.