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(영문) 창원지방법원 2018.10.18 2018가단105654
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 17, 1917, C Forest No. 400, Changwon-si, C Forest No. 800, around April 17, 1917. On April 12, 1967, B Forest No. 25,388 square meters (hereinafter “instant land”) and E Forest No. 15,074 square meters.

B. On April 18, 1967, the registration of ownership preservation was completed in the future of D on the same day, and the registration of ownership transfer was completed in the defendant Republic of Korea on the same day.

(Reasons for Registration: Sale on April 10, 1967)

C. Defendant Republic of Korea occupied the instant land as the site of the FF Group, and completed the registration of ownership transfer on November 18, 2015 by transferring the instant land to Changwon-si and completing the registration of ownership transfer.

D had already died on June 27, 1937, before the registration of preservation of ownership of the instant land was completed. D’s property was inherited to H’s children following G (Death on February 2, 1957) with the head of D, the south of G (Death on April 22, 2007) and H (Death on April 22, 2007).

The plaintiff is one of H's children.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap1 through 5 (including each number), and the purport of the whole pleading

2. According to the Defendants’ respective obligation to cancel the registration of transfer of ownership, the registration of transfer of ownership in the name of Defendant Chang-si, which was based on the registration of transfer of ownership in the name of Defendant Republic of Korea and the registration of transfer of ownership in the name of Defendant Chang-si, which was completed by Defendant Republic of Korea due to the sale of the instant land from Defendant D after the death of Defendant D, is null and void. The Plaintiff is a co-owner of the instant

Therefore, the Plaintiff is an act of preserving jointly-owned property, barring special circumstances, and has the right to seek cancellation of each ownership transfer registration as to the instant land.

3. Determination as to the defendants' defense

A. The Defendants asserted by the Defendants as to the lawful presumption of the ownership transfer registration are the special circumstances in the process of the registration of ownership transfer. The Defendants asserted by the Defendants, on around 1967, purchased the instant land by requisition.

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