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(영문) 의정부지방법원 2016.07.05 2015가단21530
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 5, 1965, and January 1, 197, 198, the registration was made by converting the land category into the land size of 426 square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “E”), and on January 1, 1987, the administrative jurisdiction was changed to “F” on October 10, 191, where “E” was located at the domicile of the Gancheon-gun, Gyeonggi-gun, Gyeonggi-do, without distinguishing the two before and after the change.

B. The registration of ownership preservation was completed in the name of G on December 9, 1975, and the registration of ownership transfer was completed in the name of H on November 6, 1975 in the name of H on the same day, and the registration of ownership transfer was completed in the name of the Defendant on February 5, 1987. In other words, the registration of ownership transfer in the name of the Defendant on January 28, 1987 (hereinafter referred to as the “registration of ownership transfer in the name of the Defendant”).

(C) On the other hand, the plaintiff's evidence is written as "I" on the certified copy of the plaintiff's evidence. [Grounds for recognition] The plaintiff's evidence is written as "I" on the ground that there is no dispute, Gap's 1 through 6 (if any, including evidence number), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. Plaintiff’s assertion 1) The Plaintiff’s evidence statement is written as I on the certified copy of the Plaintiff’s evidence. This is the same person as F, which is the name of the land investigation division of the instant real estate, and the instant real estate is inherited before the Plaintiff upon the Plaintiff’s evidence statement. As such, the Plaintiff’s registration of transfer of ownership in the name of the Defendant should be cancelled as a registration of an unauthorized person. (2) On January 1, 1996, the Plaintiff filed a lawsuit against the Defendant, etc. seeking cancellation, etc. of the instant real estate (hereinafter “related lawsuit”). At the time, J, the Plaintiff’s third village, sought the Plaintiff and the Plaintiff’s land transfer to one’s own name, and requested the withdrawal of the relevant lawsuit. Accordingly, the Defendant withdrawn the relevant lawsuit on the condition that the Plaintiff was transferred the instant real estate.

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