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(영문) 창원지방법원통영지원 2014.08.21 2013가단11491
소유권말소등기
Text

1. The Plaintiff:

A. As to the 268 square meters in Twit-si, Defendant B shall be subject to the registration office of Changwon District Court, Seoul District Court, and Defendant B shall be subject to the registration office on November 24, 1993.

Reasons

1. Determination as to the claim against the defendant B

A. 1) The fact of recognition is referred to as “one real estate of this case” with T 268 square meters (hereinafter “instant real estate”).

[Attachment] was originally owned by W. On November 24, 1993, the Changwon District Court Dao District Court received No. 36083 on April 5, 1984, and under Act No. 4502 on Special Measures for the Registration, etc. of Real Estate Ownership (the Act on Special Measures for the Registration, etc. of Real Estate Ownership; hereinafter “Special Measures Act”).

(2) The registration of ownership transfer was made in Defendant B’s name on November 24, 1993 under the name of Changwon District Court No. 36085 on April 5, 1984, and the registration of ownership transfer was made in Defendant B’s name pursuant to Act No. 4502 on April 5, 1984.

3) The term “the instant real estate” refers to V 841 square meters (hereinafter “instant 3 real estate”) at the time of macroo, and the total sum of the instant 1, 2, and 3 real estate refers to each of the instant real estate.

(4) On July 1, 1983, the Plaintiff and Defendant B’s co-ownership of the real estate transferred from the Plaintiff and Defendant B’s co-ownership. On October 25, 1993, the registration of transfer was made in the name of Defendant B with respect to the entire co-owner’s share under the name of Defendant B pursuant to Act No. 4502 on the ground of sale on May 6, 1985. However, even though the real estate was purchased from the above networkW, network X, S, etc. under the Act on the Special Measures, Defendant B received a false certification of purchase of the said real estate from the competent authority and received a confirmation from the competent authority.

[Reasons for Recognition] Facts without dispute, Gap 2, 3, 5, 6, 8, 9, 10 evidence (including additional numbers), the purport of the whole pleadings

B. 1) According to the above facts of recognition, Defendant B did not purchase each of the instant real estate, and the registration of transfer in the name of Defendant B on each of the instant real estate is deemed null and void. 2) As to Defendant B’s defense.

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