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(영문) 서울중앙지방법원 2017.02.03 2016가합506705
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the building of this case, the registration of additional branch court of the Incheon District Court and the registration of ownership preservation in the name of Nonparty C was received on July 24, 1975. The registration of the same registration and the registration of ownership preservation in the name of Nonparty C, the inheritor of Nonparty D, E, F, and G (hereinafter “D, etc.”) were completed on August 20, 1993 as of December 28, 2007.

B. Nonparty H filed a lawsuit against Nonparty D, etc. seeking the implementation of the procedure for ownership transfer registration on the ground of the completion of prescriptive acquisition with respect to 1/16 shares of the instant building (hereinafter “instant ownership shares”). On November 7, 2007, the said court rendered a judgment accepting the said claim (hereinafter “instant judgment”), and the said judgment became final and conclusive and conclusive as to the ownership shares of this case, and the ownership transfer registration under H’s name was completed as of December 28, 2007, with the receipt of the Incheon District Court Decision No. 171873, Dec. 28, 2007, with respect to the ownership shares of this case as of December 25, 1995.

C. H completed the registration of ownership transfer based on sale as of May 25, 2009, No. 53973, which was received on May 25, 2009, with respect to the ownership shares of this case, to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 4 and 5 (including virtual numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was part of the Plaintiff’s practical farm at the time of the formation of so-called “I” as the Plaintiff’s ownership, and the Plaintiff later altered it into a house and used it as a temporary residence of new Dos, and completed registration of ownership preservation C in title trust around 1975.

Therefore, Pursuant to Article 11, Article 12, and Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name, registration in the future of C and its inheritors is null and void, and H did not meet the requirements for the acquisition by prescription.

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