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(영문) 서울고등법원 2018.01.31 2017나2037568
소유권이전등기말소 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Before the enforcement of the former Farmland Reform Act, the deceased F, the gist of the Plaintiff’s assertion, purchased the land before subdivision from the person who acquired the land before subdivision from the deceased D or deceased D, the assessment title of the land before subdivision, and completed registration of preservation of ownership.

In accordance with the former Farmland Reform Act, the Republic of Korea purchased land from the deceased F and distributed it to G. However, since G did not pay the repayment amount, the ownership of the land before the division was returned to the deceased F following the cancellation of the purchase measures by the Republic of Korea.

Therefore, since the registration of preservation of ownership in the name of the defendant, which was completed with respect to each land of this case divided before partition, is invalid, the defendant is obligated to perform the registration procedure for cancellation of registration of preservation of ownership in each land of this case to the plaintiff, etc. who is the co-inheritors of net F

As one of the co-owners, the plaintiff seeks implementation of the registration procedure for transfer of ownership based on the restoration of real name in lieu of the above request for cancellation registration.

3. Determination

A. Whether the Plaintiff’s claim in this case conflicts with the res judicata effect of the judgment on the previous suit in this case, the claim for ownership transfer registration in order to recover the true title of registration is allowed in lieu of seeking cancellation of the registration against the current title holder by means of restoring the true title of registration, or by the person who acquired ownership pursuant to the law, as a way to restore the true title of registration. However, either the right to claim ownership transfer registration and the right to claim cancellation of the registration of invalidation based on the restoration of the true title allowed in lieu of the registration of cancellation is to restore the true title of registration.

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