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(영문) 전주지방법원정읍지원 2017.04.11 2016가단804
소유권이전등기말소등기 청구
Text

1. The defendant received on September 18, 1996 from the Jeonju District Court Branch of the Jeonju District Court with respect to the real estate stated in the attached list from the plaintiff.

Reasons

1. The Plaintiff, as to the cause of the claim, seeks registration of cancellation of ownership transfer registration in the name of the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the Defendant.

In full view of the overall purport of the pleadings in evidence Nos. 1 through 7, the Plaintiff is a son of the Republic of Korea, and the above B reported the name of Chang-soo under the Japanese rule. The registration of ownership transfer was completed in the name of the Defendant (hereinafter “instant registration of ownership transfer”) as of September 18, 1996 by the Jeonju District Court Registry No. 13955, which received on September 18, 1996, before the registration of ownership transfer under the name of the Defendant was completed. However, the Plaintiff’s father and C, who was the holder of the title indicated in the copy of the register on the instant real estate, may be recognized (see evidence No. 1 and evidence No. 5-2).

According to the above facts, the real estate of this case is owned by B, who is a citizen of the Republic of Korea who is not Japan, and is not a property devolving upon the property devolving upon the State. Thus, the registration of transfer of ownership of this case, which is completed by treating the real estate of this case as the property devolving upon the State, shall be deemed invalid without any legal ground.

Therefore, barring any special circumstance, the Defendant, as the heir B, is obligated to implement the procedure for cancelling the ownership transfer registration of this case as one of the co-ownership right holders of the instant real estate as the heir or the heir.

2. The defendant's assertion asserts that the period of prescription for acquisition of the registry has expired since the defendant occupied the same as his/her own will for more than 10 years in peace and public performance without negligence after completing the registration of ownership transfer

However, in the case of the acquisition by prescription of the registry, it is necessary that there was no negligence in the commencement of possession, and the burden of proof is the person who asserts the acquisition by prescription.

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