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(영문) 창원지방법원 2015.01.06 2014나31411
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff owned D’s address in Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, B (hereinafter “the land at the beginning”). On December 27, 1986, the land before subdivision was subdivided into B and E 271 square meters (hereinafter “B”) and the land before subdivision was subdivided into each of the instant real estate on August 10, 2009.

B. On December 27, 1986, the category of the land before subdivision was changed to a road, and on December 27, 1986, the registration of ownership transfer was completed in the Defendant’s future (hereinafter “the registration of ownership transfer”) under the receipt of No. 698 on January 31, 1987 by the Changwon District Court in the Changwon District on the ground of an agreement on the purchase of the public land as of December 27, 1986.

C. The land B remains as the above D, and the registration of ownership transfer was completed on July 25, 2013 by the Changwon District Court of Changwon District on the ground of inheritance as of May 13, 1932, as of the receipt of No. 9386 on July 25, 2013, the registration of ownership transfer was completed in the future of the Plaintiff, who was the inheritor. Accordingly, the registration of ownership transfer was completed on August 6, 2013 as of the receipt of the above registration office on the same day as the above registration office on the ground of an agreement on the purchase of public land

On March 18, 1925, the land cadastre of the original land is stated as the "D of resident registration number F with the address of Gyeongnam-gun C who transferred ownership on March 18, 1925 to its owner."

E. Meanwhile, the Plaintiff’s referring to the Plaintiff’s referring to the Republic of Korea: (a) died on May 13, 1932; (b) there was no Dong-in, who had his domicile in the above C; and (c) the Plaintiff’s referring G and Dong-in, who is aH student, had his domicile from November 1, 1975 to June 1, 197.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including each number; hereinafter the same shall apply), fact inquiry of K of the court of first instance with respect to K of the South Sea of the court of first instance, the purport of the whole pleadings, and the purport of the whole

2. Determination as to the cause of action

A. The plaintiff's assertion is without having obtained an agreement on the land before subdivision from D, which was the original owner of the land.

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