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(영문) 대구지방법원상주지원 2015.11.18 2015가단563
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At the time of residence, B No. 195 was divided from the mother’s land on July 14, 1975, and the register was newly prepared. On the same day, the land category was changed from “responding” to “maintenance.”

(hereinafter referred to as “instant real estate”), in total, before or after the change of land category, B.

With respect to the real estate in this case, registration of ownership transfer was made on July 14, 1975 with No. 9071 of the receipt of mechanical devices, such as resident support at the Daegu District Court around March 1923, 1923, and the registration of ownership transfer was made on October 1, 1974 with respect to the real estate in this case as the receipt of mechanical devices, such as resident support at the Daegu District Court around July 14, 1975.

C. The funeral of C is deceased D (Death around 1982) and D’s funeral is deceased E (Death around 2012) and E’s funeral is the Plaintiff.

The real estate of this case is currently being used as a reservoir, and there are many lands that are being discussed in the vicinity of the land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), Gap evidence Nos. 9 and Eul evidence Nos. 5, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the instant real estate owned by C, and was solely inherited to the Plaintiff via D and E in sequence.

And C et al. did not donate the instant real estate to the Defendant.

Nevertheless, the registration of ownership transfer for the real estate in this case was completed due to the gift in the future of the defendant, which is the registration of invalidity of the cause. Thus, the plaintiff is the owner of the above real estate or co-owner, who seeks to cancel the registration of ownership transfer.

B. In the event that the registration of ownership transfer is completed for one real estate, not only the third party but also the former owner acquires ownership by legitimate grounds for registration.

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