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(영문) 청주지방법원 2016.09.23 2015가단19247
소유권이전등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 8, 1987, in order to divide the area of 283 square meters in the area of 2165 square meters in the area of 2165 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and later divided the area of 1882 square meters in the area of the said divided land into the site on June 25, 1987. On April 30, 1992, the land category was changed to the site on June 25, 1987. On April 30, 1992, the land was divided into 345 square meters in the area of 1537 square meters (attached Form 1) in the area of 1537 square meters in the area of

B. Meanwhile, on December 24, 1970, the registration of ownership transfer was completed due to the inheritance of Australia in the Plaintiff’s future on December 24, 1970, and the registration of ownership transfer was completed due to the sale in the Defendant’s future on the same day. As the said land was divided into real estate in the attached list, the registration of ownership transfer in the Defendant’s name was completed due to the sale on December 18, 1970 as to the real estate listed in the attached list (hereinafter “instant real estate”). The registration of ownership transfer was completed on December 24, 1970 as the receipt of No. 10415, Dec. 24, 1970.

C. The plaintiff and the defendant are private villages.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The owner of land C before the plaintiff's assertion was originally divided is F (name G before the change) who is the father and the defendant's father and H's father who died before the death of F and F. The plaintiff's father's death was reported. As to the above land, the plaintiff completed the registration of ownership transfer against the plaintiff's will while completing the registration of ownership transfer against the plaintiff's will.

Therefore, since the registration of transfer of ownership that was completed in the future by the defendant on the instant real estate is invalid without any cause, the defendant is obligated to pay damages to the plaintiff, as it entered into an agreement with the defendant to pay damages such as promising substitute soil to sell D land.

B. If the registration of ownership transfer is completed for the judgment real estate, the registrant of the registration.

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