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(영문) 부산지방법원서부지원 2020.02.14 2019가단103377
소유권이전등기
Text

1. Defendant Korea’s trade of real estate listed in the separate sheet to the Plaintiffs on June 28, 1961.

Reasons

1. Facts of recognition;

A. The Gangseo-gu Busan Metropolitan Government I (hereinafter referred to as the “instant real estate”) is a property owned by Japan as of 1945.

B. On December 31, 1956, the deceased J concluded a sales contract with the Defendant Republic of Korea for the instant real estate, which is a property devolving upon the Defendant Republic of Korea, and paid in full the purchase price until June 28, 1961.

C. On September 1, 1979, Defendant Republic of Korea registered the transfer of ownership on the instant real estate due to the reversion of rights as Busan District Court Western Branch Branch No. 29337, Sept. 11, 1948.

Defendant D transferred the ownership registration in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”), which was in force on March 12, 1974, due to the same court registration and received No. 47604 on August 29, 1981, pursuant to the same court registration and received No. 47604 on the instant real estate.

Defendant E completed the registration of the same court on the instant real estate and the registration of the transfer of ownership based on the sale on April 9, 1982, as the same court’s receipt on April 10, 1982.

Defendant F had the same court registration as to the instant real estate, and the registration of ownership transfer based on sale on April 3, 1987, No. 8853, which was received on April 3, 1987.

Defendant G made the registration of the same court with respect to the instant real estate and the registration of the transfer of ownership based on the sale on February 16, 2004, as the same court’s receipt on February 17, 2004, No. 28798.

Defendant G built the instant real estate building around May 2004 and occupied the instant real estate from that time.

E. The deceased J died on February 8, 2008, and the heir is the plaintiff A, B, and C, a child.

[Ground of Recognition] Unsatisfy, Gap evidence 1-1-4, Eul evidence 2-1 through 4, Eul evidence 1-3, Eul evidence 1-5, Eul evidence 1-5, the purport of the whole pleadings

2. Determination:

A. Determination on the part of the claim for cancellation of ownership transfer registration is 1).

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