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(영문) 대구지방법원 경주지원 2017.01.10 2015가단14269
소유권이전등기
Text

1. The Defendant indicated in the attached Form 4, 5, 6, 7, 8, and 4 among the land size of B 14m2 and 156m2 in racing-si.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the respective entries in evidence Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (including paper numbers) and the whole purport of the pleadings.

On March 8, 1991, E completed the registration of ownership transfer of the said land by forging documents under the name of the plaintiff on March 8, 1991.

B. After that, the registration of ownership transfer was completed on February 27, 2006, October 1, 2008, for the land D in racing-si.

C. On May 4, 2010, the previous 14 square meters of the D land was divided into B on September 7, 2010, and the land category was changed to a road on September 7, 2010 (hereinafter “instant land”). On July 13, 2010, the remaining 26 square meters of the previous 26 square meters were combined with C large 164 square meters on July 13, 2010, the land category was changed to a site (hereinafter “the instant land 26 square meters prior to the merger”), and the said land was changed to the land category (hereinafter “the instant land 2”), B, and C on June 15, 2011.

2. According to the above facts of determination as to the cause of the claim, the registration completed in order in the E, F, G, and the defendant with respect to the land of this case Nos. 1 and 2 is null and void. Thus, barring any special circumstance, the defendant is liable to implement the registration procedure for transfer of ownership based on the restoration of real name, which is the owner of the land No. 1 and 2

3. On March 8, 191, the Defendant asserts that the registration of transfer of ownership in the name of the Defendant, which purchased land Nos. 1 and 2 of this case, is valid as a registration conforming to the substantive relation, since the Defendant occupied the land in peace and openly with the intention to own the land from February 27, 2006 to February 27, 2006, and the acquisition by prescription on March 8, 201 by succession F and G, after E’s completion of the registration of transfer of ownership with respect to land Nos. 1 and 2 of this case.

However, the possessor is in possession.

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