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(영문) 서울중앙지방법원 2014.09.18 2013가합22497
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. Each land written in the purport of the claim is the land divided by Suwon-gun H 6,003 (hereinafter “instant land before the instant subdivision”). The I purchased from J on April 26, 1935 and completed registration of preservation of ownership.

B. However, on April 20, 1992, Defendant Republic of Korea completed registration of preservation of ownership on the land before subdivision without any title, and thereafter, the land before subdivision was divided as the details of land change in attached Table 4 and completed registration of ownership transfer on the part of the above land at Defendant Gyeonggi-do and Suwon-si.

C. Since the ownership transfer registration on each land stated in the Defendants’ purport is invalid, the Defendants are obligated to perform the procedure for ownership transfer registration based on the restoration of real name, such as the entries in the purport of the claim, solely inherited each of the above land from the said I.

2. Determination

A. In full view of the purport of the entire pleadings as to the claims for each land listed in attached Tables 2, 8, 10, and 11 in the separate sheet Nos. 8 through 11, and No. 11 in the separate sheet No. 2, 8, 10, and 11, the court below dismissed the judgment of the court below which ruled that as to the defendant's land subject to the prior suit No. 1 in the separate sheet No. 2, 8, 10, and 11 (hereinafter "land subject to the prior suit in this case") as the Suwon District Court No. 2009Gahap12132, the defendant's land before the division in this case and the above land No. 2, 8, 10, and 11 in the separate sheet No. 1 in the separate sheet No. 2, and the above judgment of the court below dismissed the above claim No. 2501, Dec. 10, 2009.

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