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(영문) 의정부지방법원고양지원 2014.09.04 2013가합6353
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion was originally owned by the Plaintiff. In light of the current position in the cadastral map, the said land was divided into C land on February 9, 2000 with a size of 1,652 square meters, out of F land before partitioning F before partitioning, and the said land was divided into J land on November 28, 2008 and 146 square meters on November 24, 2009 and divided into D land on November 24, 2009.

(B) Although it should have been replaced with F land before subdivision, the non-party G, the Defendant’s father, was replaced with H 5,020 square meters (hereinafter “H land”), and the non-party G, the Defendant’s wife, disguisedly completed the registration of transfer of ownership in the name of the Defendant with respect to F land before subdivision, and the registration of transfer of ownership in the instant case, which was completed in the future of the Defendant, should be cancelled by the invalidation of the cause.

2. The judgment real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists in its form. In such a case, it is held liable to assert and prove the grounds for invalidation on the part of asserting that the registration has been completed without any cause (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997). In addition, when authorization of a replotting plan and a public notice thereof are granted, substitute land shall be deemed a previous land, and the previous land owner shall lose his/her right to the previous land and acquire its ownership

(See Supreme Court Decision 87Meu1067, 1068 delivered on September 8, 1987, etc.). In full view of the following facts: (a) the records in the evidence Nos. 1, 5, and 6 of this Court; (b) the fact-finding on the branch offices of the Korea Rural Community Corporation in the Republic of Korea; and (c) the fact-finding on the land No. 3120 delivered on the land No. 3120 delivered on September 5, 197; and (d) the ownership transfer registration has been completed under the Defendant’s name as the Defendant’s attached land; and (e) the Korea Rural Community Corporation's branch offices in the Korea Rural Community Corporation (Law No. 3120 delivered on December 5, 1978).

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