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(영문) 수원지방법원여주지원 2016.09.08 2015가단3305
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 29, 1954, the receipt date and receipt number of Liwon District Court's branch court's loan No. 7261, the receipt date and receipt number in the name of non-party F on the basis of basic facts E 213 (hereinafter referred to as "the land No. 1 of this case"), and the registration cause was entered in the restoration of the ownership registration on January 20, 1946, and thereafter the registration of ownership transfer was completed in order on July 21, 1997, and on June 7, 200, the registration of ownership transfer in the name of the plaintiff was completed.

On the other hand, the E reply 1419 et al. of this case is 'the second land of this case'.

The registration of transfer in relation to Suwon District Court was completed on June 29, 1954, No. 7105, which was received on February 15, 1949, by the restoration under the Defendant’s name on the grounds of sale and purchase on February 15, 1949.

2. Determination as to the cause of action

A. The plaintiff's summary of the plaintiff's assertion (1) The first land of this case of this case of the plaintiff 1 and the registration of the second land of this case of this case of the defendant of this case of the same registration of the second land of this case of the same registration of ownership preservation, based on this, the transfer of ownership in F on the ground of sale on January 20, 1946 was made, and the registration of ownership transfer was made on February 15, 1949, and the registration of ownership transfer was destroyed and the registration of ownership transfer was completed in order as above. The registration of the first land of this case of this case and the second land of this case of this case of this case was completed with each of the above registrations on June 29, 1954.

Therefore, the recovery registration of the registration of the transfer in the name of the defendant is not restored but is restored by mistake, so the cause of invalidation should be cancelled.

(2) On July 20, 1912, Chapter II, the land of this case became a land condition in F, which had the domicile in G on July 20, 1912. On June 30, 1955, the registration for the recovery of ownership was made in the future, and thereafter, the land of this case was completed by Nonparty B, Inc. and the Plaintiff.

However, the land No. 2 of this case is the same.

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