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(영문) 서울중앙지방법원 2017.07.20 2016가단5224018
소유권이전등기절차이행등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. As to the instant land owned by the deceased C (D), the registration of transfer of ownership was completed in the future of the defendant, with the Seoul Central District Court No. 88413 on June 24, 1978, which was received as of June 22, 1978, due to the gift made as of June 22, 1978.

B. Regarding the instant land, there was an application for land category change in the name of Dong C around May 1978, and around that time, the land category was changed from the previous E road to the “road” to the “road” as well as the land category was used as a road within the housing complex, and the Gwanak-gu in Seoul Special Metropolitan City, which was delegated by the Defendant, occupies and manages the instant land as a road site until now.

(C) The land in this case was combined into the F-road site on December 22, 198 as all roads in the housing complex were integrated into a single lot number.

On May 14, 1972, the Plaintiff’s mother G (H) died on August 21, 1997, and the Plaintiff’s mother G (H) died on August 21, 199. On May 30, 2016, the Plaintiff, I, J, K, L, M, and N, a co-inheritors, agreed on the division of the inherited property owned by the Plaintiff, among the deceased’s inherited property.

[Grounds for Recognition] There is no dispute, entry of Gap evidence 1 through 5 (including paper numbers), inquiry inquiry of Gwanak-gu in Seoul Special Metropolitan City, and the purport of the whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim. On June 24, 1978, the registration of ownership transfer that was completed in the Defendant’s future on June 24, 1978 with respect to the instant land is the registration of invalidity as it was completed by the deceased on May 14, 1972 by the deceased C, who was the owner of the instant land, since it was completed by the deceased on May 14, 1972. Accordingly, according to the agreement on division of inherited property, the Plaintiff, who is a sole heir of the instant land, seeks to implement the procedure for registration of ownership transfer transfer that was completed in the future of

As to this, the defendant has completed the land of this case in the future.

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