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(영문) 의정부지방법원 2016.11.18 2015나55442
진정명의회복을 위한 소유권이전등기 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The court's explanation on this part of the facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The Plaintiff’s assertion at 90 P.S. (hereinafter “instant land”) was divided from each of the instant land before division and substitution, and the land was divided from the instant land before division, where M, the plaintiffs’ preference, was jointly examined with other five persons. The Defendant sold or transferred the instant land to another person without any right to the instant land in his/her name. In the process, the Defendant finally completed the registration of ownership transfer or the registration of ownership preservation for each of the instant land at F, G, and Guri-si.

Accordingly, the plaintiffs, who are inheritors of M, filed a lawsuit against F, G, and Guri-si with the court of first instance seeking the implementation of the procedure for the registration of ownership transfer for the restoration of real name in respect of each of the instant land. However, the plaintiffs were ruled against the court of first instance. Since then, the judgment of the court of first instance became final and conclusive in the court of first instance as to the plaintiffs' withdrawal of appeal against F, G, and Guri-si, which became final and conclusive in the court of first instance, and eventually

Therefore, the defendant is obligated to pay the plaintiffs the amount equivalent to the market price of each land of this case as compensation for damages caused by the above tort.

B. A public official who commissions preservation registration on the ground that a real estate was owned by a State in accordance with a statute has a duty of care to verify the existence of any ground for nationalization prescribed by a statute with respect to real estate subject to registration.

However, since the ground for nationalization of the preservation registration is not recognized as a result, the registration of the real estate is illegal.

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