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(영문) 서울중앙지방법원 2016.01.19 2015가단5087274
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Land Survey Board prepared in the Japanese land Survey Board prepared in the Japanese land Survey Board (U.S. 1,169 square meters (hereinafter “instant assessment”).

D) Around November 1911, 1911, it is stated that D was subject to the circumstances of D. 2) The Plaintiff’s preference D is residing in GU-gun E, and D and the Plaintiff’s preference is the same person.

3) Meanwhile, F succeeded to F’s property due to D’s death, and the Plaintiff solely inherited the property due to F’s death and received the instant assessment due to F’s death is deemed as the Plaintiff’s heir, who is D’s heir. (4) However, the Defendant completed the registration of initial ownership on February 19, 200 as to the land with the wife population B, 1,094 square meters divided from the land under the instant circumstances (hereinafter “instant real estate”).

5) Therefore, since the registration of ownership preservation on the instant real estate in the name of the Defendant is invalid, the Plaintiff is demanding the Defendant to implement the procedure for ownership transfer registration on the instant real estate based on the restoration of the real name. (b) In light of the following circumstances, it is insufficient to recognize that the title holder of the land under the instant circumstances is the Plaintiff’s fleet D, and there is no other evidence to prove otherwise, the Plaintiff’s assertion premised on this premise is without merit. (i) The name written as the title holder of the land under the instant circumstances is indicated as “G” as the title holder of the land under the instant circumstances, but it can be seen as “D” because it is unclear.

2) Although the name was written D in the H H third report of the Plaintiff’s claim to be a shipbuilding, it appears to be an exceptional case where the Plaintiff was given the land assessment by the name on the tax book, not the name in the public account book, because the secondary copy was written I, as it was written in I. 3) The land affected by the instant assessment was determined on November 23, 191 (No. 44 years).

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