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(영문) 광주지방법원목포지원 2017.09.13 2016가단53587
소유권말소등기
Text

1. Among the instant lawsuits, each claim against Defendant C, Defendant D, Defendant E, and Defendant F is dismissed, respectively.

2...

Reasons

1. Facts of recognition;

A. On January 12, 1976, Plaintiff A completed the registration of ownership transfer on the ground of “Sale on December 31, 1975,” with respect to K land. Meanwhile, the net M (hereinafter “M.” recorded in the register appears to be a clerical error) completed the registration of ownership transfer on the ground of “Sale on August 29, 1965.”

B. The networkO (O) and the network P (P) died on October 30, 2015 (hereinafter “P”) obtain a certificate of guarantee issued on June 22, 2007, stating that “O and P actually purchased and actually owned K land from Plaintiff A on May 10, 1994,” and completed the registration of ownership transfer on November 20, 207, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Oct. 20, 207; hereinafter the same Act referred to as “Special Measures Act”).

(However, there was no entry in the K's copy of the register as to the joint maintenance portion).

In addition, P and Q, R, and S issued a certificate of guarantee on June 22, 2007, stating that "O and P actually own L land from M on May 10, 1994," with respect to L land, and completed the registration of ownership transfer for sale on May 10, 1994 in accordance with the Act on Special Measures for February 21, 2008.

(However, there was no entry in the copy of L's land as to the combined maintenance portion).

Plaintiff

B is the south of M, and Defendant C, Defendant D, Defendant E, and Defendant F are the successors of O, and Defendant G, Defendant H, Defendant I, and Defendant J are the successors of P.

[Based on the recognition] against Defendant C, Defendant D, Defendant E, and Defendant F: Each confession (Article 150(3) and (1) of the Civil Procedure Act) is deemed to have been made. There is no dispute against the Defendant G, Defendant H, Defendant I, and Defendant J: Facts that there is no part of the dispute; the entries or images of evidence A through 6, 9, and Party B’s evidence Nos. 3; the inquiry of the fact to the Young Military Administration of this Court; the witness, witness, T, and witness R’s testimony and arguments.

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