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(영문) 수원지방법원 2019.05.16 2018나69714
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. As to the Plaintiff’s share of 15/28 square meters out of 238 square meters in Sungsung-si.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up during the Japanese occupation occupation period, F with the address of Suwon-gun D, Suwon-gun, 921 (hereinafter “instant assessment land”) was indicated as being under the assessment on May 14, 191, 191, which was conducted on May 14, 191.

On August 12, 1957, the land of this case was divided into the land of this case with a 238 square meters (hereinafter “the land of this case”) C (hereinafter “the land of this case”) and C (the name was changed due to the reorganization of administrative district on March 21, 2001).

B. On March 8, 1985, I completed the registration of title holder, which is the cause of change of title under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, invalidation, and special measures (hereinafter “Special Measures Act”), with respect to the land in this case, and completed the registration of ownership preservation in its name on December 28, 191.

After that, the defendant completed the registration of ownership transfer on April 26, 2005 on the land of this case on the grounds of inheritance by a consultation and division as of December 25, 2001.

C. Meanwhile, F, the assessment name of the instant assessment land, is the same as H, the Plaintiff’s fleet, and H, the Republic of Korea, died on October 30, 1956, and H solely inherited H’s property. As I died on August 4, 1961, the Plaintiff, K, L, and M jointly succeeded to the Plaintiff, K, L, and M, which were his wife J, his children, but the J died on April 26, 1996.

Around May 2005, the Defendant drafted a waiver note (hereinafter “instant waiver note”) to the effect that “K, the heir of H, recognized the Defendant, the ownership of the instant land, the preservation of ownership of which was completed under the name of H, and that K waives the entire land, and is not liable for civil and criminal liability among them.” At that time, the Defendant paid KRW 4.2 million to K under the pretext of agreement.

E. On March 29, 2007, the Plaintiff, K, L, and M consulted to inherit the instant land solely on the premise that the instant land is included in inherited property.

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