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(영문) 제주지방법원 2018.11.19 2018가단53346
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D had n between her spouse E and her spouse F, G, South Ha, South Ha, J, and J, and Ma, and was deceased on April 5, 1958.

B. On May 27, 1969, Yong-Namnam H completed the registration of ownership transfer on April 5, 1958 with respect to the land of Jeju-si, Jeju-si, which was owned by D (hereinafter “instant land”).

H had the Plaintiff and six daughters (P, Q, R, S, T, and U) between the Plaintiff and the spouse, and died on January 25, 1980.

C. Following the registration of Jeju District Court on the instant land and the registration of transfer of ownership for reasons of sale on July 9, 1993, No. 29167, May 2, 1980. After the death of V, the Defendant, who was said, completed the registration of Jeju District Court on the instant land and the registration of transfer for reasons of inheritance by agreement and division as of December 11, 2017, No. 125139, May 13, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1-6 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The ownership transfer registration filed under the name of the former owner after the death of the former owner has already existed the grounds for registration, but there is no room for recognizing the legal capacity of registration on the ground that the registration is a registration invalidation registration, unless there is any special circumstance where the former owner's application is filed by his/her heir where inheritance has commenced with the person liable for registration while the former owner has not yet filed an application for registration, or where the former owner's application for registration is filed by his/her heir

(See Supreme Court Decisions 83Meu597 delivered on August 23, 1983, 88Meu29986 delivered on October 27, 1989, 94Da23999 delivered on February 28, 1995, and 95Da51991 delivered on November 28, 1997, etc.). Accordingly, registration filed in the name of the deceased and made in the name of the deceased.

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