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(영문) 대전지방법원논산지원 2015.04.23 2014가단20700
소유권이전등기
Text

1. Each of the lawsuits against the Defendants in the Plaintiff A shall be dismissed.

2. Plaintiff B’s claim against the Defendants respectively.

Reasons

Basic Facts

A. E (Death on December 15, 1949) and F are the members of the Plaintiff A’s clan (hereinafter “Plaintiff clan”).

G is children of E, and Plaintiff B is children of G.

H and I (Death of August 25, 1971) are F’s children, and Defendant C is son’s children.

B. E completed the registration of ownership transfer based on sale on April 29, 1948 with respect to 296 square meters before Seosan-si on May 7, 1948.

After that, the land category of the above land was changed to a building site. On September 3, 1968, the above land was divided into D large 853 square meters (hereinafter “instant land”) and J-126 square meters (the land category was changed to a “road” on June 28, 201; hereinafter “J land”).

C. On August 31, 1981, Defendant C completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”) on November 4, 1974 with respect to the instant land.

(3) On June 4, 2012, Defendant C entered into a mortgage agreement with the Korea Development Institute Co., Ltd. (hereinafter “Defendant Korea Development Institute”), and on June 14, 2012, the registration of establishment of a mortgage was completed on the instant land as the Daejeon District Court No. 18561.

(hereinafter referred to as the “registration of creation of a neighboring land of this case”). [Ground for recognition] does not dispute, entry of Gap evidence 1 through 3, Gap evidence 2, 3, Gap evidence 4-1, 2, Gap evidence 5, and 21, and the land of this case asserted by the plaintiffs as to the purport of the whole pleadings is the real estate which the plaintiff clan originally purchased under the name of Eul in trust of the name of the clan E.

However, the presumption power of the ownership transfer registration of this case completed by the Act on Special Measures for the Land in this case is to be broken for the following reasons. Therefore, the ownership transfer registration of this case is invalid.

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