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(영문) 창원지방법원마산지원 2016.06.09 2015가단104292
소유권이전등기말소 등
Text

1. As to the Plaintiff’s share of 110/539 out of the real estate listed in the separate sheet

A. Defendant B is the Changwon District Court.

Reasons

1. Facts of recognition;

A. After the registration of ownership transfer was completed on January 15, 1946 in the name of the deceased L (Death on December 6, 2008) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer in the name of M was completed on October 17, 1996 with respect to the portion of 264/539 shares in the name of Changwon District Court (No. 10643, Oct. 17, 1996) and the registration of ownership transfer was completed in the name of the deceased N (Death on September 14, 2014), respectively.

B. Meanwhile, with respect to the portion remaining 110/539 out of the instant real estate, the registration of transfer of ownership in the name of Defendant B was completed under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) by the same registry office No. 13485, Sept. 19, 207, as to the portion remaining 110/539, other than the said shares (hereinafter “the instant registration of transfer of ownership”); and thereafter, the registration of transfer of ownership in the name of Defendant Corporation’s old industrial development, as of November 6, 2013, was completed.

C. The Plaintiff is the heir of the network N, and the Defendant C is the heir of each network L with the husband and child of the network P (Death on June 6, 2012), Defendant D, E, I, J, and K, as the husband and child of the networkO, Defendant F, G, and H, a father of the network P (Death on June 6, 2012).

[Based on recognition] With respect to Defendant B: A without dispute; written evidence Nos. 1, 17, 20-41 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings as to the remaining Defendants except Defendant B: deemed confessions as stipulated in Article 150 of the Civil Procedure Act

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion No. 1 purchased 275 square meters of the instant real estate from the deceased L on November 1, 1942, but at the time the registration of ownership transfer was not completed, the Plaintiff’s assertion No. 1 completed the registration of ownership transfer only with respect to the portion of 165/539, corresponding to the size of February 28, 1997.

However, the defendant around September 17, 2007.

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