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(영문) 의정부지방법원고양지원 2015.06.03 2013가단35880
소유권이전등기말소등기
Text

1. Defendant F and M shall each corresponding share out of the real estate listed in the attached Form No. 1 of the attached Table to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant F and M

A. (1) The real estate listed in paragraph (1) of the attached Table No. 1 is divided into 3521 square meters (hereinafter “N land”), and the real estate listed in paragraphs (2) through (4) of the attached Table No. 2 through (4) of the attached Table No. 3950 square meters (hereinafter “O land”) in P/O land and 8 other real estate listed in P/O land and the net Q Q transfer registration for each real estate listed in the attached Table No. 1 constitutes double registration as to the same portion of the land substantially identical. The registration of the former registration is completed in accordance with the procedure for the registration of the recovery of destruction by attaching the ownership certificate prepared by the Si/Eup/Myeon, and it is obviously null and void by the reversal of the presumption of the registration of the recovery of destruction. As such, R, S/O and eight other real estate registered under the subsequent registration are valid by successive subrogation.

(2) A cadastral restoration on February 28, 1980 with respect to N and O land was conducted on February 28, 198. As for the real estate listed in paragraph (1) of the attached Table No. 1, the PP market re-re-re-explal on July 13, 1988 with respect to each real estate listed in paragraphs 2 through 4 of the attached Table No. 1, and on July 13, 1988. Since the re-explal of the above cadastral restoration without correction, etc. of registered matters is null and void, each real estate listed in the attached Table No. 1 cannot be deemed to have been specified as the object of registration because the subdivision takes effect, and since each registration of R, B, C, D, and E is null and void, R, S, and eight other in successive subrogation request the cancellation of registration in the name of net Q.

(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to claims against the remaining Defendants

A. Basic facts (1) Q were received on March 11, 1963 as the receipt No. 2104 on March 11, 1963, with respect to the real estate stated in paragraph (1) of the Attached List No. 1 in accordance with the procedure for the registration for the restoration of destruction.

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