logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2018.08.08 2017가단54211
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. As to the land listed in paragraph (1) of the Attached List (hereinafter referred to as “the land listed in the Attached List”), the registration of ownership transfer was completed on the grounds of inheritance in the name of Non-Party B (the deceased on April 17, 1947; hereinafter referred to as “the deceased”) as of October 22, 1948 as of October 22, 194, as of the land listed in paragraph (1) of the Attached List No. 21628 of receipt on October 6, 1959, and as to the land listed in paragraph (2), the registration of ownership transfer was completed on the grounds of inheritance in the name of Non-Party C as of October 6, 1959 as of the receipt on October 6, 1959.

B. On September 26, 1986, the Defendant completed the registration of ownership transfer for the acquisition of public land by consultation on December 31, 1986 as the receipt No. 15423 of the same registry office with respect to the land No. 20318 of the same registry office with respect to the land No. 3 and No. 4 as to the land No. 20318 of the same registry office with respect to the land No. 3 and No. 19693 of the same registry office on December 20, 1986 (hereinafter “each transfer of ownership in this case”).

C. The deceased deceased on January 24, 1974, and the deceased deceased on January 24, 1974, and his heir is the plaintiff, the non-party D, E, and the non-party F, who is his father.

[Reasons for Recognition: Facts without dispute, entries in Gap 1 and 3 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. Despite the co-ownership of each of the instant lands asserted by the Plaintiff, including the Plaintiff, the Defendant paid compensation to those who are not the owners, and completed each of the instant registration of ownership transfer on the ground of a consultation on the acquisition of public land concerning each of the instant lands. This is a registration of invalidity of cause. Thus, all of the registration should be cancelled.

B. Determination on the cause of the claim 1) The project implementer’s amendment to the former Special Act on the Compensation for Public Loss (repealed by Act No. 6656, Feb. 4, 2002; hereinafter “Special Act on Public Use”)

Pursuant to Article 5 and Article 3 of the Enforcement Decree of the same Act, the head of the Gu, etc.

arrow