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(영문) 전주지방법원남원지원 2016.06.22 2015가단2455
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Since the Plaintiff’s assertion was conducted on June 20, 1919, the instant land was transferred to E’s mother, F, the Plaintiff’s mother, and G, the Plaintiff’s mother, before which it was transferred. Since G subsequently donated the instant land to the Plaintiff, the instant land is ultimately owned by the Plaintiff.

However, on July 27, 1971, the Defendant completed the registration of ownership transfer in the name of the Defendant on the instant land without permission. Therefore, the Defendant is liable to implement the registration procedure for ownership transfer on the instant land to the Plaintiff, the genuine owner, for the restoration of the real name.

2. The judgment of the court below is just based on the statements in Gap evidence Nos. 1 and 4, and the registration of ownership preservation on the land of this case was completed on July 27, 1971, and it is not sufficient to recognize that the land of this case is owned by the plaintiff as alleged by the plaintiff, and there is no other evidence to acknowledge otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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