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(영문) 춘천지방법원 2017.07.20 2016가단939
소유권이전등기말소등기절차이행 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence 1-1, 2, 2-1, 2-2, 3-1, 3-2, 4-1, 2, 9-2, 10, 12-1, 12-1, and 1-1, and 1-2. A, there is no counter-proof.

On December 23, 1959, each real estate listed in the separate sheet (hereinafter “instant real estate”) was divided into 3,143 square meters before E in Chuncheon-si (hereinafter “instant land”).

B. On April 10, 1946, Nonparty He completed the registration of ownership transfer for the instant real estate on the date of non-existence.

C. On February 27, 1992, Defendant B completed a registration of the Chuncheon District Court’s registry and the registration of ownership transfer based on donation as of February 24, 1992, as of February 24, 1992, as to the 2 real estate listed in the separate sheet, and completed the registration of ownership transfer based on donation as of August 6, 2001, as of the 1 real estate listed in the separate sheet, as of August 6, 2001.

(hereinafter referred to as “instant transfer of ownership”. D. each registration of ownership transfer made under Defendant B’s name for each real estate listed in the separate sheet.

On January 4, 2008, Nonparty C, G, Defendant D, and Defendant B, the inheritor, who died on January 4, 2008.

E. On January 30, 1943, Non-Party H married with Non-Party I, the Plaintiff was his/her child, and Non-Party I died on January 4, 1951, and Non-Party He/she was declared missing on February 7, 2017 with respect to Non-Party He/she was declared missing.

2. Determination

A. The Plaintiff asserted that the land before the instant partition was owned by Nonparty H. The Plaintiff had been the land before the instant partition. Nonparty F voluntarily completed the registration of ownership preservation on the instant real estate, and Defendant B completed the registration of ownership transfer on the instant real estate.

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