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(영문) 광주지방법원순천지원 2016.01.28 2015가단75999
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 2, 1918, the deceased B completed the registration of ownership transfer for one/2 shares of each of the instant real estate on March 3, 1942 (Fire 17 years), as to the real estate listed in paragraph (1) of [Attachment List] (hereinafter referred to as “real estate 1, 2,” and collectively referred to as “the instant real estate”). On November 15, 1918, the deceased B received circumstances as to the 2nd real estate on November 15, 1918, and C (C, D, E and F, G) and E (E, F, 17 years) on March 3, 1942 (Fire 1, 1942).

B. The Defendant: (a) based on his judgment that he was Japan, completed the registration of transfer of the entire share transfer of all co-owners on the ground of the title attribution on December 10, 1995 with respect to each of the instant real estate by the Gwangju District Court Seocheon Branch No. 1458 and 1459 on March 28, 1996, but completed the registration of transfer of the ownership transfer of the entire share transfer of all co-owners on the ground of the error in the application for error as of August 7, 2004, the Gwangju District Court Netcheon Branch Office No. 4381 and 4382 on August

C. The Plaintiff is the south of the network H, the network H is the south of the network I, the network I is the south of the network, the network I is the south of the network B, and the Plaintiff is the heir of the network B, the real estate of which was assessed.

The Plaintiff paid taxes on each real estate of this case on 1995.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, 9 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The registered titleholder, who is a registered titleholder of 1/2 shares in each of the instant real estate asserted by the Plaintiff, is not a Japanese person, but a deceased person. Since the Defendant completed the registration of ownership transfer for each of the instant real estate under the name E due to the reversion of rights without a legitimate title, each of the above registrations by the Defendant is invalid registration.

Therefore, the plaintiff, who is the co-owner of each of the 1/2 shares in each of the instant real estate, seeks the cancellation of each of the above registrations by preservation act.

B. According to the facts of recognition in front of the board and the statements in Gap evidence Nos. 6 and 7, one shall be the J-Eup Office.

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