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(영문) 춘천지방법원영월지원 2015.04.22 2014가단10354
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 27, 1964 with respect to the real estate listed in paragraph (1) of the attached list, the transfer registration under the name of the deceased C was completed on July 4, 1963 with respect to the real estate listed in paragraph (2) of the attached list, and the transfer registration under the name of the deceased C was completed on July 4, 1963 (hereinafter “each of the above real estate”) and each of the real estate listed in the attached list 3 through paragraph (6) of the attached list (the real estate listed in paragraph (4) of the attached list among the above real estate is combined with the real estate listed in paragraph (4) of the attached list of the attached Table No. 4 of the Gangseo-gu Seoul Special Metropolitan City on October 12, 2010 with 225 square meters and 2,562 square meters before E; hereinafter “No. 2 real estate of this case”).

B. The deceased C’s wife purchased the instant 2 real estate from the deceased G around 1980, and paid KRW 2 million with the purchase price to the deceased G around September 1981, but did not complete the registration of ownership transfer in its name with respect to the instant 2 real estate.

C. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4586, Dec. 10, 1993; hereinafter “Special Measures Act”), the Defendant (the Plaintiff’s external third village and the network H’s birth) completed the registration of ownership transfer in his/her name (hereinafter “each of the instant real estate”) on the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on October 15, 1981 due to the sale as of June 10, 194.

As above, each letter of guarantee submitted by the defendant in accordance with the Act on Special Measures for the Registration of Ownership of Real Estate No. 1 stated that "I will purchase the above real estate from C on October 15, 1981 and guarantee jointly and severally that the defendant actually owns it at present," and each letter of guarantee submitted in accordance with the Act on Special Measures for the Registration of Ownership of Ownership of Real Estate No. 2 in the course of completing the registration of ownership transfer of the above real estate No. 2, "G" is also called "G".

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