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(영문) 제주지방법원 2017.03.03 2016가단50220
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. On December 27, 1974, the Plaintiff purchased F. 2,831 No. 2,00 and completed the registration of ownership transfer.

B. Since the Jeju-si, F.M. 2,831, on May 3, 1994, KRW 2,831 was divided into KRW 7986 square meters and KRW 1,463 square meters prior to E in Jeju-si (hereinafter “instant land”). On August 11, 1994, according to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”), which was enforced on November 3, 1976, the ownership transfer registration under the network G name (hereinafter “G ownership transfer registration”) was completed on November 3, 1976.

C. On April 30, 2009, the deceased on the part of the deceased on the part of the deceased, and succeeded to He, Defendant D, his husband, Defendant D, and B’s net G. As to the instant land, Defendant B completed the registration of ownership transfer on November 16, 2009 on the ground of inheritance by consultation and division on April 30, 2009. Defendant C completed the registration of ownership transfer on the same day on November 16, 2009.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 4, fact-finding results on the Jeju market by this court, and the plaintiff's assertion of the purport of the whole pleadings by the plaintiff to the purport of the whole pleadings was not sold to the deceased G, but the deceased G obtained a false confirmation, and completed the registration of ownership transfer on the land of this case, so the registration of ownership transfer is null and void. Accordingly, the defendants' registration of ownership transfer is also null and void. The defendants are liable to cancel each

Defendant C’s assertion is deemed to have been duly completed in accordance with the Act on Special Measures for the Ownership Transfer Registration of Network G on the instant land. Moreover, the network G occupied the land in peace and openly as its owner from the time of completing the registration of ownership transfer on August 11, 1994. The possession was succeeded to Defendant C’s possession on August 11, 2014 after the lapse of 20 years from that date. As such, Defendant C’s acquisition by possession of the instant land was completed.

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