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(영문) 수원지방법원 2015.12.24 2015나23700

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 28, 1935, the registration of transfer of E in the name of Suwon District Court was completed due to the purchase and sale as of May 20, 1935, as the receipt No. 8463 on June 28, 1935.

B. The Defendant filed an application for issuance of a written confirmation under the former Act on Special Measures for the Registration, etc. of Ownership Transfer (amended by Act No. 7500, May 26, 2005; hereinafter “Real Estate Special Measures Act”), with respect to the instant land, but upon submitting a written objection, the friendliness market decided to dismiss the Defendant’s application for the issuance of a written confirmation, and notified the Plaintiff on January 11, 2007.

C. On April 27, 2007, the Defendant again stated that “The instant land was donated from F on January 1, 1965, and the letter of guarantee appears to be a “donation,” but it appears to be a clerical error in the letter of guarantee. A letter of guarantee (hereinafter “instant letter of guarantee”) stating that “I will jointly and severally guarantee the present ownership”) was issued, and filed an application for the issuance of a written confirmation with K, H, and L, accompanied by this.

Since it is impossible to give notice on May 17, 2007 due to E’s failure to confirm residence, the E’s application for a written confirmation confirming that the land of this case was donated to the Defendant after F was donated to the Defendant and actually owned by the Defendant is publicly announced for two months, and the interested parties were publicly announced to file an objection within two months from the date of the public announcement, and J working as public officials of the E’s public officials of the E’s point of view in

7. 18. Issuing a written confirmation to the Defendant.

E. On August 9, 2007, the Defendant completed the registration of ownership transfer of the instant land based on the donation made on January 1, 1965, based on the Real Estate Special Measures Act, based on which August 9, 2007 was applicable.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is " below the house on the ground of the land of this case through C and D."