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(영문) 청주지방법원 2018.06.01 2017나14308
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed by this court.

Reasons

1. Facts constituting the premise of the dispute

A. Each land listed in the separate sheet (hereinafter “each land of this case”) is the land divided from the land located in the E in Chungcheongnam-si, Chungcheongnam-si, stating “F” as its owner in the E’s forest register, and the registration of ownership preservation was completed in the G name on May 2, 1966, and thereafter the registration of ownership transfer was completed in sequence in the Defendant B’s name on December 29, 201.

B. Defendant B completed the registration of the establishment of a neighboring mortgage and the establishment of superficies (hereinafter “registration of the creation of a superficies”) on the land indicated in [Attachment List 2 and 3] on the land indicated in [Attachment List 2 and 3.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 3 and 4 evidence, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the assertion was that the land of this case was owned by F, who is the father of the Plaintiff’s evidence. The Plaintiff is the true owner of each land of this case by inheritance in succession in order of I, AE, and the Plaintiff.

However, the registration of ownership preservation in the name of G (Defendant B’s protocol) was completed with respect to each of the instant lands. G is not a heir of F (the enemy I and G are F co-inheritors), and the above registration of preservation is null and void, and the registration of ownership transfer in the name of H and Defendant B is also void.

Therefore, Defendant B is obligated to implement the registration procedure for ownership transfer based on the restoration of real name with respect to the instant land. Under the premise that each of the instant land is owned by Defendant B, Defendant C Union, which completed the registration of mortgage and superficies creation, is obligated to implement the registration procedure for cancellation of the registration of mortgage and superficies creation.

B. (1) The entries in the family register are presumed to be consistent with the truth unless there is a clear reflective evidence to reverse them (see Supreme Court Decision 2007Da48103, April 24, 2008; 2007Da48110, Apr. 24, 2008; 2007Da48110, Feb. 5, 200).

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