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(영문) 광주지방법원 2016.01.15 2015나51094
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, together with O, P, and N, had children between his father and his wife Kim Ba (hereinafter “the deceased”), and the Deceased died on May 25, 1986.

The receipt number of real estate indication No. 1 of the previous owner of the cause of registration, for the former owner of the cause of registration, for the real estate No. 1 of December 31, 1993, No. 21091 of December 12, 1985, which was donated on October 19, 193, No. 15030 of the deceased’s third real estate of October 19, 193, May 10, 1980

B. Defendant B completed each of the registrations of ownership transfer from the Incheon Branch of the Gwangju District Court in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; Act No. 4502, Jan. 1, 1993) with respect to the real estate of this case No. 1, 3, and Q owned by the Deceased and Q.

C. Defendant B completed the registration procedure for ownership transfer on September 13, 1983, No. 21930, which was received on September 16, 1983, for the instant real estate No. 2 owned by R. d.

Defendant B completed the registration procedure for transfer of ownership on the ground of donation as of April 22, 2008, No. 8960, which was received on April 22, 2008, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate ( enacted by Act No. 7500 on May 26, 2005 and enforced January 1, 2006) with respect to the instant real estate No. 8, which was owned by the deceased.

E. Defendant B completed the registration of transfer of ownership to Defendant C as of February 21, 201 with respect to the instant 3 real estate as of February 21, 2011, and as of May 28, 2013, Defendant B completed the registration of transfer of ownership to Defendant C with respect to the instant 7 real estate as of May 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1 is made in the name of the defendant B, who completed the real estate Nos. 1, 3 and 8 of this case.

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