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(영문) 부산지방법원 2017.10.24 2016가단9557
소유권이전등기말소
Text

1. The Defendants, with respect to the value of 5,861 square meters in Pyeongtaek-gun G forest in Gangwon-do, shares in 1/25 shares and the designated parties, respectively.

Reasons

1. Basic facts

A. Regarding the registration of ownership transfer of real estate in accordance with the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 3562 of Apr. 3, 1982; hereinafter “Special Measures Act”), the ownership transfer registration was completed in the name of M in the name of M in the name of M in May 10, 1974 on July 4, 1984, and thereafter on February 5, 1988, the ownership transfer registration was completed in the name of M in the name of M in the name of M in the name of M in the name of M in the name of M in the name of M in the name of M in the name of M in the name of Jun in the name of Pyeongtaek-gun, Gangwon-do on June 11, 2003.

B. The J died on February 7, 1982, and his heir died on February 7, 1982, and there were wifeO (the deceased on March 27, 1990), children P (the family inheritance, the deceased on May 20, 200), Q (the deceased on May 20, 203), R (the marriage on December 18, 1987), Ha (Nam), Ha (Nam), the Plaintiff (Nam), and I (the former name), respectively.

C. N on May 12, 2004, died, and the Defendants are the successors of N.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, fact inquiry results against Busan Jin-gu Office, purport of the whole pleadings

2. The registration of ownership transfer in M’s name has been completed in accordance with the Act on Special Measures, since the registration of ownership transfer in M’s name was null and void, and the registration of ownership transfer in N and the Defendants’ name is also null and void. The Plaintiff and the designated parties, who are the heir of J (hereinafter “Plaintiffs”) selective against the Defendants, seek the registration of ownership transfer for the instant real estate due to the restoration of the Plaintiffs’ genuine title as to the inheritance portion, or seek the confirmation of ownership for the instant real estate.

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