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(영문) 제주지방법원 2015.07.07 2014가단18611
소유권말소등기
Text

1. The defendant on December 3, 1973 with respect to the share of 187/225 out of each land listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the south of the network D, the south of the net C, and the defendant is the husband's wife as the south of the network C.

B. Each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) was owned by the network C, and on December 3, 1973, the registration of ownership transfer was completed on November 20, 1973 in the name of the Defendant on the disposition (hereinafter “instant land”).

C. The network D died on April 2, 1964, and the network C on July 13, 197, respectively. At the time of the deceased C’s death, the portion of inheritance to be inherited by representation was 56/225, and the Defendant’s portion of inheritance was 38/225.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the ownership transfer registration of this case was completed upon the Defendant’s request to E by the court official who is the same person with the Defendant’s private relationship without any authority, and the Defendant seeks implementation of the procedure for cancellation registration as to the remaining portion 187/225 out of each land of this case, excluding the Defendant’s share of inheritance.

B. Around 1973, the Defendant’s assertion C filed with the Defendant for the registration of transfer of each of the instant land in the name of the Defendant and asked the Defendant to the high-ranking owner with the permission of the cemetery. The seal imprint is left to F, who is the wife, and the Defendant’s registration of transfer of ownership is completed by requesting the registration of transfer to E, who is a privately related resident, using the network C’s seal imprint. Thus, the registration of transfer of ownership of this case is completed in accordance with the deceased C’s intent.

Even if the cause of the registration of transfer of ownership of this case is null and void, the acquisition by prescription has been completed since the Defendant occupied each of the lands of this case in peace and public performance with intent to own each of the lands of this case for 20 years.

3. Determination

A. First, the instant case.

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