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(영문) 대전지방법원논산지원 2014.06.26 2013가단5995
소유권이전등기말소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, 3, 5-1 to 8, 6-1, and 6-2:

E shall purchase from F on October 20, 1930 the 4,296 square meters of the G Forest in Chungcheongnam-gun, Chungcheongnam-do, and complete the registration of transfer of ownership on October 28, 1930.

B. On January 10, 1931, G Forest G 4,296 square meters was divided into 3,387 square meters and 3 lots of land in Chungcheongnam-gun, Chungcheongnam-do.

C. The registration of ownership transfer was completed on September 1, 197 by the Daejeon District Court Decision No. 9320, which was received on September 1, 1977, with respect to H forest 3,387 square meters (hereinafter “instant land”). D. The registration of ownership transfer was completed on September 10, 1976 in the Defendant’s future (hereinafter “instant registration of ownership transfer”).

H Forest No. 3,387 was divided into H Forest No. 2,840 on September 19, 197 and each land, etc. listed in attached Tables 2, 3, 4, and 5.

H 2,840 square meters was divided into land of H 1,394 square meters and several parcels on September 8, 1977, and again divided into land listed in Schedule 1, 6, 7, and 8 on April 14, 2010.

E. E died on February 17, 1945, before the completion of the instant transfer registration, and I succeeded to all E’s property.

I died on July 4, 1995, and the plaintiffs are co-inheritors of I.

2. The parties' assertion

A. The Plaintiff’s assertion that the instant land is located in the 7th J and the Ha, and in the Kara-ri L’s graves, there is no reason for E and I to sell the instant land.

E Deceased on February 17, 1945, and I moved to the United States around 1970. The plaintiffs did not have any doubt that they sold the land of this case. The defendant did not sell the land of this case to the defendant, because E and I did not actually sell the land of this case and the defendant did not manage the real estate of this case as stated in the separate sheet, although E and I did not manage the real estate of this case, the ownership transfer registration of this case was completed in the future of the defendant. Thus, the ownership transfer registration of this case was completed.

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