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(영문) 창원지방법원통영지원 2016.05.26 2015가단4411
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. The Plaintiff’s father, the Plaintiff’s father, (hereinafter “the deceased”) is divided into Dong-si D and B, as seen below, and the registration of transfer of ownership is completed on August 30, 1957 as the receipt No. 2338, which was completed on December 31, 1955, with respect to Changwon District Court’s Dong-si D (hereinafter “D”).

B. On June 24, 1991, B (hereinafter “instant land”) was divided into 83 square meters in D land, and the land category of the instant land was changed to a road on the same day.

C. On June 24, 1995, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) based on the donation on August 30, 1967 (hereinafter “instant donation”) under Act No. 4502 (hereinafter “Special Measures Act”).

The Deceased died on July 12, 2002, and his heir has children E, F, G, H, I, and the Plaintiff.

E. On September 6, 2002, the Plaintiff completed the registration of ownership transfer with respect to D land due to inheritance due to a consultation division as of July 12, 2002.

F. The deceased’s inheritors, except the Plaintiff, renounced their rights to the instant land.

(g) From June 24, 191, the Defendant occupied and managed the instant land as a road from June 24, 1991.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Gap evidence 6 through 9, each of Gap evidence 3 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant land is not subject to the Act on Special Measures. 2) The instant transfer registration was made by false guarantee certificates.

3. This.

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