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(영문) 광주지방법원 2019.07.26 2018나62392
명의인변경등기 말소등기
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant mainly uses the name of "Ery" as a clan consisting of his descendants, and the name of "E" as "E", which is composed of "Da, a 17-year-old descendant" as "Da.

B. The Plaintiff is a clan that consists of F and F, a two children of D, a central group of F and F, and his descendants.

C. On October 29, 1971, the transfer registration for ownership was completed in the name of "I", as the receipt of No. 7984 on October 1, 1950, with respect to H forest 19,924 (hereinafter "the instant land") in Jeonnam-gun, Jeonnam-gun (hereinafter "the instant land").

The land of this case was divided after December 26, 1990 and now became six parcels of land as shown in attached Table 1 through 6.

( whether before or after the division, ‘ continually' refers to the land of this case. (e)

On June 5, 2008, the registration of change of the name of the owner was completed in relation to the land of this case from "I" to "I" as the receipt No. 17327 on June 5, 2008.

F. In the meantime, the registration of change of the indication of a registered titleholder whose name is changed to the defendant in the Plaintiff (hereinafter “the registration of change of this case”) was completed as of March 8, 2012, which was received on March 8, 2012 from the Gwangju District Court, Gwangju District Court Branch.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4-1 to 8, purport of the whole pleadings

2. The plaintiff's assertion "I" is the name of the plaintiff, and it was registered as such by mistake of the person who was in charge of the business at the time of registration in 1971, and the plaintiff completed the registration of change of the indication of the registered titleholder in 2008 to correct this.

However, the registration of change in this case was made by a method detrimental to the identity of the registered titleholder. As a result, since the registration of transfer of ownership completed on October 29, 1971 on the land of this case was marked by another person, the defendant is the original registered titleholder, and thus, the registration of change in this case is made to the plaintiff as the original registered titleholder.

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