logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2020.10.21 2019가단227601
소유권이전등기
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in the Japanese Occupation Period, the Gyeonggi-gun Agu Pap 2,164 (hereinafter “instant assessment land”) stated that the Plaintiff’s prior owner was the owner of the land.

B. On March 20, 1953, the instant assessment land was classified into AS P 462, ATS 116, AU 327, AV 564, AW 105 square meters, AX 433 square meters, and among them, AV 564 square meters (hereinafter “AV land before subdivision”) was written as an owner.

C. On April 14, 1979, AV land was registered in accordance with Article 3094 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”), and the registration of ownership transfer was completed under the name of Nonparty A, the Defendant’s husband of Nonparty A, who is the son of the Y, under the name of Nonparty A, the Suwon District Court, by receipt of the registration office of Sung-nam branch of Sungwon District Court (hereinafter “registration of preservation of this case”). On March 1, 1997, the registration of ownership transfer was completed under the name of the Defendant on April 17, 1997 under the name of the Defendant on the ground of inheritance by consultation division.

On June 16, 2010, AV land was subdivided into land of 15 m2, 15 m2, 926 m2, AP 746 m2, BA 180 m2, and 12 m2 m2.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Determination as to the cause of action

A. AV land before the plaintiffs' assertion 1 was divided into the land owned by the parties and its actual owners cannot be registered to preserve ownership upon obtaining a confirmation in accordance with the Act on Special Measures. Since AZ completed the registration of ownership preservation in accordance with the aforementioned procedure, the right presumption cannot be granted to the registration of ownership preservation in the instant case, and the registration in the Defendant's name based on the invalidation of the cause is also a registration of the invalidity of the cause.

Therefore, the ownership of the land of this case was acquired by AR, which was assessed, and is the heir of AR.

arrow