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(영문) 의정부지방법원고양지원 2017.08.23 2017가단72337
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 19, 1961, the Plaintiff completed the registration of ownership transfer, which was based on sale and purchase, with respect to the P 45 square meters (hereinafter “B B before division”).

However, on November 30, 1972, the land category of B real estate was changed from “B” to “road,” and on December 12, 1980, the registration of transfer of ownership in the Defendant’s name was completed for sale on November 31, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094; hereinafter “Special Measures Act”), and on June 30, 2015, B real estate was divided into the instant or three real estate.

B. On February 17, 1965, the Plaintiff completed the registration of transfer of ownership based on the completion of repayment with respect to the total amount of 48 square meters (hereinafter “C real estate before division”) in Yongsan-gu, Yongsan-gu, Busan (hereinafter “Seoul real estate before division”).

However, on November 30, 1972, the land category of C real estate was changed from “B” to “road,” and on February 23, 1980, the registration of transfer of ownership in the name of the defendant was completed on November 30, 1973 pursuant to the Act on Special Measures regarding C real estate before subdivision, and on June 11, 2015, C real estate before subdivision was divided into the instant 4 and 5 real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2-1 to 5, 3-1, 2-2, and the purport of the whole pleadings

2. The plaintiff alleged that the plaintiff did not sell or donate each of the real estate of this case to the defendant, and therefore, there is no evidence that there is no ground for registration as to each of the real estate of this case registered under the name of the defendant, such as the entry in the registry, and that the above registration conforms to the substantive relationship, and therefore, the transfer registration

3. We examine the judgment, and seek to reverse the presumption, since the registration completed under the Act on Special Measures is presumed to be a registration consistent with the substantive legal relationship.

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