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(영문) 수원지방법원여주지원 2019.04.10 2019가단50033
소유권이전등기 말소 등
Text

1. As to the Plaintiff, with respect to the volume of 936 square meters prior to E in Ischeon-si:

A. Defendant B: (a) on November 23, 2018, the Suwon District Court Lee Jong-cheon Registry Office.

Reasons

1. Facts of recognition;

A. The registration of preservation of ownership in the name of the Republic of Korea (hereinafter “registration of preservation of this case”) was completed on June 30, 1956 by the Suwon District Court, Leecheon-si, E, 936§³ (hereinafter “instant land”).

B. On March 22, 2017, the Plaintiff filed a lawsuit against the Republic of Korea seeking the cancellation of the instant preservation registration.

On November 21, 2018, the appellate court (Seoul High Court 2018Na203778) rendered a judgment that "the Republic of Korea shall implement the procedure for cancellation registration of the preservation registration of this case completed with respect to the land of this case" on the ground that the preservation registration of this case is null and void, and the said judgment became final and conclusive on December 13, 2018.

C. As to the instant land, the Suwon District Court: (a) rendered the registration of transfer of ownership in the name of Defendant B (hereinafter “instant transfer”) on the ground of the purchase and sale on January 23, 2017, the Suwon District Court: (b) rendered the registration of creation of superficies under the name of Defendant B (hereinafter “instant registration”); and (c) rendered the registration of establishment of superficies (hereinafter “instant registration”) on the ground of the contract on December 3, 2018, the Suwon District Court: (a) Nonparty 5148 as of December 4, 2018, received on December 4, 2018; (b) concluded the registration of establishment of superficies under the name of Defendant B, mortgagee D Agricultural Cooperative, Defendant D Agricultural Cooperative, 67,600,000 won; and (c) concluded the registration of establishment of superficies on December 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 (including paper numbers), the purport of the whole pleadings

2. According to the determination of Paragraph 1 as to the cause of the claim, the preservation registration of this case is to be cancelled due to the invalidation of the cause. Thus, even if Defendant B completed the registration of this case pursuant to the sales contract concluded with the Republic of Korea, the registration of this case is completed under the name of Defendant B, which was based on the preservation registration of this case, which is null and void.

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