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(영문) 창원지방법원 2014.11.27 2013가단32560
소유권말소등기
Text

1. Defendant Jinhae Agricultural Cooperative is the Changwon District Court with respect to the Plaintiff with respect to the size of 147 square meters prior to Jinwon-si I in Changwon-si.

Reasons

1.The following facts are recognized by each entry in Gap evidence 1 to 14 (including paper numbers) or there is no dispute between the parties:

The Plaintiff is a child of the deceased P (Death on August 12, 2013) in the south of the net N (O).

B. Defendant D and Defendant B, C, E, F, and G are the spouses and children of the net Q (Death on November 27, 2005)’s dynamics of the network N.

C. The instant real estate No. 1 was registered under the original network N name on May 9, 1957, and the registration of ownership transfer was completed under the name of Q Q on January 9, 1950, and thereafter, the registration of ownership transfer arising from the division of inherited property under the name of Defendant B, as described in paragraph (1) of the claim on October 22, 2007, was completed as follows: (a) the registration of ownership transfer arising from the division of inherited property under the name of Defendant B; and (b) the registration of ownership establishment of neighboring agricultural cooperatives was completed on September 27, 2012.

The registration of ownership transfer was completed on September 25, 1969 under the name of the deceased (the death of April 17, 1987 and the attachment of Defendant H) on April 20, 1982, and the registration of ownership transfer was completed on September 23, 1988 under Defendant H’s name as stated in paragraph (2) of the claim on November 23, 1988.

E. Real estate Nos. 3, 4, and 5 of the instant case were originally registered under the name of the network N, and the registration of ownership transfer was completed on January 9, 1950 under the name of Q Q on May 9, 1957, and thereafter, the registration of ownership transfer was completed on October 22, 2007 under the name of Defendant C, D, and F for division of inherited property under the name of Defendant C, D, and F.

2. Summary of the parties' arguments

A. The Plaintiff’s assertion Nos. 1 through 5 of the instant case (hereinafter “each of the instant real estate”) was completed, as the network Q and R’s ownership transfer registration was completed from 1950 to 32 years, it is impossible for the network N to register the ownership transfer to net Q and R.

Therefore, the above transfer of ownership is null and void.

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