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(영문) 대전지방법원 2017.12.06 2017나104819
소유권이전등기 말소등기 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff’s deceased on May 192, 192, and the Plaintiff’s deceased in Gwangju Dong-gu H on January 27, 1962.

B. On November 8, 1911, 1911, F of the Plaintiff’s net records was investigated on the following circumstances: (a) Special Self-Governing City I 919 square meters, J 387 square meters, and real estate listed in the attached list 5 through 7; and (b) Defendant DJ (hereinafter “Defendant D”) completed registration of initial ownership on August 16, 1980 based on the cancellation of title trust with respect to each of the above real estate, the F was under F’s circumstances.

C. In order to be transferred to public sites necessary for the K improvement project of the Defendant Sejong Special Self-Governing City (hereinafter “Defendant City”), the said Sejong Special Self-Governing City I shall be divided into the real estate listed in paragraphs 1 and 2 of the attached Table 1, and the real estate listed in paragraphs 3 and 4 of the J 387 square meters into the real estate listed in paragraphs 3 and 4 of the attached Table; the Defendant City paid the consultation compensation for each real estate listed in paragraphs 2 and 4 of the same Table on September 6, 2003 under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Eul evidence 1 (including, if any, various numbers), the purport of the whole pleadings

2. Determination

A. If registration of preservation of ownership in the name of the defendant among the claims against the defendant 1 among the summary of the cause of the claim against the defendant 1 is valid, registration of preservation of ownership in the name of the defendant 1 among the defendant 1 among the claims against the defendant 1 is null and void on or around November 8, 1911, where the deceased F was under the circumstances and the above deceased should be held in title trust, despite the fact that there was no time of the above circumstances.

At the time of the above circumstances, the Nuriwon had existed around the time of the above circumstances.

Even if the defendant's clan is a similar organization to a clan, the defendant's name is held.

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