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(영문) 광주지방법원 2018.08.16 2017나63169
소유권말소등기
Text

1. Of the judgment of the court of first instance, the part concerning the defendant (appointed party) and the designated parties is modified as follows.

Reasons

1. Basic facts

A. The inheritance and ownership transfer registration (1) of the Defendant and the designated parties (hereinafter “instant land”) completed the registration of ownership transfer as S, U, V, W, X, Y (Z, AA, AB, AC, L, and M on the register of registry) owned 1/6 shares, respectively, with respect to the land of this case maintained 3,021 square meters (hereinafter “instant land”). X and Y are those who do not actually exist.

(2) On July 7, 1995, S in the name of the titleholder C, D, E, F, G, H, I, J, K, and U on October 20, 1948, the name titleholder C, D, E, P, Q, and R died and died on October 20, 1948, and as the name titleholder V died on October 20, 1947, the name titleholder N, the name titleholder C, P, Q, and R were successors of each property.

(3) On May 10, 1961, D filed a lawsuit claiming ownership transfer registration against the above S, A, N, W, X, and Y on the ground that it was donated by the above S, and five other S, and completed the registration of ownership transfer on March 18, 1996, by filing a lawsuit claiming ownership transfer registration with the Gwangju District Court Netcheon-Ga4318.

However, as seen above, W among the other party to the lawsuit, was already killed in 1948, before the lawsuit was filed, and X and Y are no longer dead.

(4) Defendant B purchased the instant land from D on August 5, 1996 and completed the registration of ownership transfer on August 7, 1996.

B. On April 20, 197, the Plaintiff merged with the Passenger Farmland Improvement Association, and on March 31, 1952, as the telegraph of the said passenger farmland improvement association, the instant passenger farmland improvement association occupied the instant land from October 27, 1955 to May 15, 2009, and continued to occupy the AE urban development project on a single unit including the instant land until the implementation of the urban development project.

1. As to the Plaintiff’s share of 1/2 out of 3,021 square meters in 1,000 square meters in 200:

A. Defendant B: (a) the transfer of ownership completed on August 7, 1996 as the receipt No. 23505 on August 7, 1996 by the Gwangju District Court.

B. D = The transfer of ownership registered in accordance with the receipt No. 6791, Mar. 18, 1996, respectively.

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