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(영문) 청주지방법원 2018.03.30 2017가단109038
소유권이전등기
Text

The plaintiff's claim is dismissed.

Reasons

1. Basic facts

A. C [name under the name of creative name as at the time of the Japanese War: D] completed the registration of ownership transfer on September 18, 1945 with respect to the land of 1,686 square meters (hereinafter “the land before the instant subdivision”) in the Cheongbuk-gun, Chungcheongbuk-gun (hereinafter “E Ri”).

B. On November 1, 1947, the land prior to the instant subdivision was divided into 1,570 square meters and H ditches 116 square meters prior to G, and the previous G 1,570 square meters were further subdivided into B road 1,262 square meters on November 17, 1987 (hereinafter “instant land”), G 138 square meters prior to G, and 170 square meters prior to I.

C. around 1961, J purchased the part corresponding to the instant land among G 1,570 square meters from K, a her birth, G, and occupied and cultivated the relevant land from that time.

Around 1987, the land of this case was incorporated into the site for LDo road expansion works (hereinafter “instant road works”), and the Defendant paid KRW 4,442,240 to M who was delegated by J with the authority to receive compensation for the land of this case after consultation with J around 198, as the operator of the instant public works project, and completed the registration of ownership transfer on March 19, 198 as to the land of this case (hereinafter “registration of this case”).

E. C died on March 22, 1967, and his heir, N, P, Q, R, S, T, U, and V, which were the wife, died on September 18, 2006, and as the wife died on September 18, 2006, C became the heir of W, X, Y, Z, and P was also deceased, and as his child, AA and AB were its heir.

F. The deceased and C’s inheritors, including the Plaintiff, completed the registration of this case against the Defendant on the ground of the Defendant’s acquisition of the land of this case by consultation without due process for obtaining consultation from the deceased C’s inheritors, by the Cheongju District Court 2012Kadan14890, by asserting that it is null and void, and thus, the Defendant filed a lawsuit seeking cancellation of the registration of this case.

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