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(영문) 인천지방법원 2017.04.05 2016가단220906
소유권말소등기
Text

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

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

Reasons

1. The Plaintiff’s assertion C, upon the assessment of each of the instant real estate, died on August 17, 1919 after the original acquisition of the ownership. D, as the Australia’s heir, was a sole inheritance of the property, but died on June 18, 1975 with the Plaintiff’s claim E, etc.

On the other hand, E due to the expiration of the period of disappearance on August 31, 1955 due to the disappearance of son F, etc., E inherited by F, etc., and F, upon the death on July 11, 2007, upon the Plaintiff, etc., who is a child, was jointly inherited by the Plaintiff, etc., who is the child.

After all, each of the instant real estate, which is C’s property, is inherited by D’s co-inheritors, including the Plaintiff, and is jointly owned.

However, the father G of the Defendant completed the registration of ownership preservation in accordance with the Act on Special Measures, by obtaining a false certificate on the instant real estate No. 1, and completing the registration of ownership preservation in accordance with the Act on Special Measures. With respect to the instant real estate No. 2 and 3, the registration of ownership preservation has been completed without any reason, and the Defendant completed the registration of ownership transfer for each of the instant real estate due to inheritance by consultation

Therefore, registration of ownership preservation in the G name as to each real estate of this case and registration of ownership transfer by inheritance in the name of the defendant, which is based on the ownership transfer, should be cancelled as a registration invalidation. Thus, as a co-owner of each real estate of this case, the plaintiff is seeking cancellation of registration of invalidation of the above ground by exercising the right to claim obstruction removal based on ownership.

2. Determination

A. According to Gap evidence 1-1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 5-1, Gap evidence 6-12, and Eul evidence 1-1, Eul evidence 6-12, and Eul's testimony, Gap evidence 1-1 of this case's real estate of this case was signed and sealed by Eul, H, and J on July 7, 1993 by the guarantor's letter that "G purchased the first real estate of this case from Eul on May 10, 1953," and based on the above guarantee certificate and confirmation document of this case on September 18, 1993.

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