(영문) 대전지방법원논산지원 2020.01.23 2019가단20477

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(영문) 대전지방법원논산지원 2020.01.23 2019가단20477

소유권확인

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1. It is confirmed that the Plaintiff and the Defendants owned the Plaintiff’s ownership of 1,316 square meters prior to Seosan-si D.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 22, 1965, with respect to the land of this case 1,316 square meters (hereinafter “instant land”), the registration of ownership transfer was made in the name of E (F and Seosan-gun G) (hereinafter “instant registration of ownership transfer”) due to the sale on February 2, 1959 by the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 1657) on April 22, 1965, and the registration of ownership transfer was made in the name of Defendant B on November 7, 2018 under the name of Defendant B on April 10, 2005.

B. On December 3, 2018, Defendant B, under the name of Defendant C, performed the registration of creation of a collateral with the maximum debt amount of KRW 22,500,000 in the name of Defendant C, and the registration of creation of a collateral with the maximum debt amount of KRW 4.5 million on the 17th of the same month.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion that "E" recorded as the registrant of the land in this case as the name of the plaintiff was "A," but at the time, the name was stated as "H," not "A," but as "H," and the name was registered at the time of the application for registration. Defendant B, not the plaintiff's heir, completed the registration of transfer of ownership for the land in this case due to inheritance. This assertion that the registration of invalidation of cause should be cancelled as the registration of inheritance, and that the plaintiff sought the lawsuit of confirmation in this case in order to resolve the correction of the registered titleholder, consistent with the name in the public record,

In this regard, Defendant B asserts that the "E", the holder of a title on the register, was a legitimate inheritance registration as his mother.

3. Determination

A. The key issue of this case is whether the “E”, the nominal owner of the ownership transfer registration of this case, is the Plaintiff or the “H”, which is the mother of Defendant B. (2) According to the evidence No. 1-2, No. 1-2, and No. 2, the parent of Defendant B, the mother of Defendant B, is one.

유사 판례

-대전지방법원논산지원 2020.01.23 2019가단20477

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