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(영문) 광주지방법원해남지원 2015.01.13 2014가단20155
소유권말소등기
Text

1. As to the Plaintiff with respect to the area of 754 square meters in Jeonnam-gun, Jeonnam-gun:

A. Defendant C is a machine such as Gwangju District Court’s Maritime Branch Branch, etc. on Maritime Affairs and Fisheries.

Reasons

1. Basic facts

A. The registration of ownership transfer in the name of the Plaintiff was completed on September 4, 1979 for the reason that the pertinent real estate was reverted to rights, Jeonnam-gun, Jeonnam-gun (hereinafter “instant real estate”).

B. On October 20, 1972, the Plaintiff and the State property sales contract were concluded with respect to the instant real estate in the name of E, and thereafter, on April 30, 1983, Defendant C applied for a change in the name of the purchaser of State property in the name of Defendant C.

C. As to the instant real estate in the name of Defendant C, the registration of ownership transfer was completed on May 19, 198 with No. 12472 of the Gwangju District Court’s Maritime Court’s Maritime Branch Office, etc., received on May 19, 1988, and the name of Defendant B, with No. 12909 of the receipt on June 5, 1997, for the reason of the sale on June 1, 1997, for the purpose of the name of Defendant B, the registration of ownership transfer was completed on March 23, 2005 under the name of the Defendant A, including the Gwangju District Court’s Maritime Branch Branch Office, etc., and the ownership transfer was completed on March 23, 2005 as the receipt of No. 8361 on March 23, 200

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The employee, who is engaged in the business of the Plaintiff’s alleged State property, prohibits the acquisition of the pertinent state property or the exchange with his own property, and is null and void. Although F, who is a public official, engaged in the business of state property, did not sell the instant real property to E, the above E purchases the instant real property, and thereafter completing the registration of transfer of ownership under the name of Defendant C by forging the application for change of the name of the purchaser of state property as if Defendant C purchased it from the above E, the registration of transfer of ownership under the name of Defendant C, which was completed with respect to the instant real property, is null and void. The registration of transfer of ownership under the name of Defendant B and Defendant

B. Defendant C’s assertion

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