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(영문) 서울고등법원 2014.10.23 2014나22545
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on March 23, 1948 with respect to the land No. 1 (hereinafter “the land No. 1”), among each land listed in the separate sheet, under the Plaintiff’s father B’s father’s name on November 30, 1965, and each registration of ownership transfer was completed under the Defendant’s name on December 16, 1965.

[The details of the transfer registration of ownership in the land No. 1] The defendant of the sales contract on Sep. 4, 1963 on Dec. 16, 1965, on the date of registration of the division No. 143, Mar. 23, 1948. B on Sep. 4, 1963

B. Since the Defendant launched and occupied the land No. 1 on November 1, 1951, the land of this case has been used as the site of the Seosan Army Training Center until now.

C. B was missing after September 1950, and upon the Plaintiff’s application for adjudication of disappearance, the Daejeon District Court 2009B38 on June 1, 2010, rendered a decision that the period of disappearance expired on September 30, 1955, and the said decision became final and conclusive on July 13, 2010.

At the time of the expiration of the above period of disappearance, her mother T (B's death on January 29, 197) and her wife U (B on February 5, 1960), but there was a plaintiff, who was his wife, as his wife, died on July 14, 2010.

(In fact that there is no dispute, Gap evidence 1-3, Gap evidence 20, 22-2, Eul evidence 1 (including each number), the purport of the whole pleadings.

2. Determination as to the cause of claim

A. As to the land No. 1 of this case, the registration of transfer of ownership, which was completed in the name of B from B to C, is based on trade made around September 4, 1963 after B was missing on or around September 1950 and about 13 years passed since B was missing on or around September 4, 1963, and thus, it cannot be deemed as a registration completed based on lawful grounds

Therefore, the registration of transfer of ownership in the defendant's name based on this is also the registration of invalidity of cause.

B. Therefore, the defendant who received ownership transfer from C shall implement the procedure for the registration of ownership transfer based on the restoration of real name to the plaintiff who is the inheritor of B.

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