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(영문) 수원지방법원평택지원 2016.09.22 2015가합9846

진정명의회복을위한소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 5, 1934, the registration of transfer of ownership in the name of the Joseon Trust Co., Ltd. was completed on the ground of the trust act of October 23, 1934 with respect to Ansan-gun G land jointly owned by the C, D, E, and F.

B. On June 29, 1965, the above land became 589 square meters (hereinafter “the land before the instant partition”).

On June 29, 1965, the registration of ownership transfer was completed in the name of I on June 9, 1949 with respect to the land before the partition.

The land before the instant partition was divided into 519 square meters (1,716 square meters) and J 70 square meters (231 square meters) prior to the H on January 8, 1971.

C. On January 8, 1971, the registration of ownership transfer was completed in the name of the defendant Republic of Korea on the ground of sale and purchase as of November 10, 1969 as of J-Road 70, and thereafter the above land was divided and changed in the name of administrative district, and each real estate listed in [Attachment 3 and 6] was registered.

On April 10, 1974, the registration of ownership transfer in the name of K was completed on April 9, 1974 with respect to No. 519 of H on April 10, 1974.

On February 8, 1986, the land was divided into 1,502 square meters before H and 214 square meters before L (the land category was changed to a road on February 8, 1986, and thereafter the real estate stated in paragraph (4) in the annexed list was changed to a road).

The registration of transfer of ownership in the name of the defendant Republic of Korea was completed on May 9, 1986 on the real estate listed in paragraph 4 of the attached list on May 12, 1986 due to the acquisition of public land in May 9, 1986.

E. Before H, the area of 1,502 square meters was divided into H 663 square meters on March 28, 1991 and real estate listed in attached Table No. 5.

On December 4, 1991, the registration of transfer of ownership in the name of the defendant in the name of the Republic of Korea was completed on November 28, 1991 for the real estate listed in paragraph 5 of the attached list.

F. The registration of ownership transfer in M on March 30, 1994, the registration of ownership transfer in N on September 30, 1996, the registration of ownership transfer in N on April 27, 2004, and the name of Defendant B on April 27, 2004.