(영문) 광주지방법원해남지원 2014.06.24 2012가단20724

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(영문) 광주지방법원해남지원 2014.06.24 2012가단20724

소유권말소등기

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1. The plaintiff

A. With respect to H 44m2 in Jeonnam-gun, Jeonnam-gun, the 1/4m2 (1) the litigants in Defendant Net C, respectively, shall be the shares of 1/4.

Reasons

1. Facts of recognition;

A. H 44 square meters (hereinafter “1 real estate in this case”), 68 square meters prior to I.D. (hereinafter “2 real estate in this case”), JJ large 116 square meters (hereinafter “3 real estate in this case”), and the said three parcels together are State property owned by the Plaintiff.

B. From November 20, 1971 to September 15, 1985, K who was a public official engaged in the affairs concerning state property from the Maritime Affairs Office, etc., by borrowing or stealing L with the name of L, subscribed to the open sale bid for acquiring the pertinent real estate, thereby forging the sales contract for state property, power of attorney, certificate of sale of state property, etc. as if the contract was concluded with the Plaintiff on October 20, 1972.

C. Since then, K used a change in the name of a purchaser of state property to obtain necessary documents for C to complete the registration of ownership transfer with respect to the instant real estate, and C completed the registration of ownership transfer with respect to the instant real estate No. 1 under Article 27739, which was received on August 21, 1985, for the reason of sale and purchase on October 20, 1972, for the purpose of this case’s 2 and 3 real estate as the receipt of the same court No. 27742, Aug. 21, 1985.

On the other hand, Defendant A and B completed the registration of transfer of ownership as to the instant real estate by the same court No. 17270 on July 25, 198 due to the sale on June 27, 198, and the Plaintiff completed the registration of transfer of ownership as to the instant real estate under the provisional disposition No. 94Kadan831 decided on December 13, 1994.

E. C A died on March 12, 2013 while the instant lawsuit was pending, and D, E, F, and G took over the instant legal proceedings.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, this case is examined.

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