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(영문) 의정부지방법원고양지원 2016.05.04 2014가합56713
소유권이전등기말소
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. Basic facts

A. G completed the registration of ownership transfer on the ground of the completion of repayment on March 3, 1963 with respect to H field 2,109 square meters (hereinafter “instant land”) in G on April 20, 1963.

B. On May 18, 1971, I completed the registration of ownership transfer for the instant land on the grounds of sale and purchase on May 17, 1971, and on May 16, 1984, the said land was substituted by J 2,773 square meters by Farmland Improvement Act, and the said substituted land (hereinafter “land after replotting”) became 2,773 square meters by changing the name of the administrative district on July 25, 201.

C. K completed the registration of ownership transfer on the land after replotting on July 29, 1993 due to sale and purchase on July 21, 1993, and the Korea Land and Housing Corporation completed the registration of ownership transfer on October 24, 2012 as to the land above on October 23, 2012.

G died on August 10, 1970, and the Plaintiff, the wife of G, succeeded to G’s property, and died on October 10, 1987 and succeeded to L’s property.

E. The I died on January 21, 2006, and the Defendant C, D, E, and F, the wife of the I, succeeded to the I’s property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), fact inquiry results of this court's strike, the purport of the whole pleadings

2. The parties' assertion

A. Since the registration of transfer of ownership in the I’s name with respect to the land of this case is invalid after the G death without any cause, the registration of transfer of ownership in the I’s land of this case and the registration of transfer of ownership in the K K and the Korea Land and Housing Corporation with respect to the 2,109/2,773 shares (the shares corresponding to the area of the land of this case) of the land after the land substitution was made in sequence,

However, K acquires the ownership of the land after the completion of the period of prescription for the acquisition of the registry, and it is about 2,109/2,773 shares of the land in this case and the land after the land substitution.

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