beta
(영문) 수원지방법원 안양지원 2018.03.15 2016가단112288

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 20, 1978, the Plaintiff purchased 450/804 shares out of 2658 square meters in Yancheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, and completed the registration of ownership transfer in the name of the Plaintiff on the 24th of the same month.

B. On December 26, 1004, the above real estate was divided into 1659 square meters and 999 square meters, each of which was divided into the Yancheon-gun, Yancheon-gun, Chungcheongnamcheon-do, and Yancheon-gun B road 99 square meters (hereinafter “instant land”).

C. The land of this case is for acquisition by agreement on April 24, 1995 and is for the same year.

7. 24. The registration of ownership transfer was completed under the name of the defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The plaintiff asserts that the transfer registration of ownership in the name of the defendant should be cancelled because the land in this case was completed without due consultation or compensation procedure. Thus, the transfer registration of ownership in the name of the defendant should be cancelled. Thus, the following circumstances acknowledged as a result of appraiser D's appraisal, i.e., ① the land purchase report prepared by Ycheon-gun (Evidence A) is indicated as "purchase price: 5,14,850 won" and "date of receipt: : April 24, 95." The land in this case is written as "5." The name and address of the plaintiff and the non-party E, who are co-owners of the land in this case, and the seal of the plaintiff and the non-party E, and the non-party E received land compensation in accordance with legitimate compensation procedure; ③ The plaintiff's seal purchase report affixed on the land in this case's private request is different from the plaintiff's seal purchase report, but the court did not present the plaintiff's opinion accurately as to whether or not it is identical to the plaintiff's seal purchase report.