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(영문) 청주지방법원 2017.10.24 2016가단115050
소유권이전등기
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On October 15, 1917, the State Forest and fields N (hereinafter referred to as “land before subdivision”) in Cheongju-si, which is the land before subdivision, are recorded in the forest register as the circumstances of the Plaintiff (Appointed Party; hereinafter referred to as “Plaintiff”) and the deceased, who is the inheritee of the designated parties, were entered in the forest register.

B. Each land listed in the separate sheet, which is the land after the division of the above land (hereinafter “each land of this case”), was registered for preservation of ownership on October 29, 1970 in P and Q’s name. On September 12, 1994, the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) was completed under the name of the Defendant clan on October 29, 1970 on the ground that the donation was made on October 29, 1970.

C. On May 4, 2016, Korea Electric Power Corporation completed the registration of transfer of ownership on May 9, 2016, with respect to the land of 2314 square meters in the petitioner-gu, Cheongju-si, which was successively divided from the land before the division, for the acquisition of public land by consultation on May 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 3, Gap evidence 4-1, 2, 4, Gap evidence 5-1, 2-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion 1) since the plaintiff and the designated parties inherit the land owned by the deceasedO and the land owned by the deceased, the defendant clan, which completed the registration of invalidation, is obligated to implement the registration procedure for ownership transfer on the grounds of the recovery of the real name's shares in each inheritance among each of the land of this case to the plaintiff and the designated parties. Since the defendant clan unfairly received 94,170,000 won from the Korea Electric Power Corporation for the acquisition of the public land owned by the deceasedO, the defendant clan is obligated to return to the plaintiff and the designated parties the amount claimed in accordance with their respective inheritance shares. 2) The registration of ownership transfer of this case is below the Act on Special Measures for the Registration

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