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(영문) 의정부지방법원 2014.06.17 2013가단152430
소유권이전등기
Text

1. The Plaintiff:

A. Defendant B: [Attachment] list

1. As to the stated real property:

B. Defendant C shall list 1 attached hereto.

Reasons

1. Basic factual basis

A. The land research division in the Japanese colonial era prepared by the JJ of the Gyeonggi-do Seocheon-gun, Gyeonggi-do is registered as the owner of each of the following land (hereinafter “instant land”):

(1) On October 5, 1965, the date of the owner (shares) of the date of the final report on the transfer of ownership or the date of notification of the ownership registration of 3. No. 1,69 m. 4,69 m. 1,694 m. 5 on August 27, 1965, G 5,868 m. 5,868 m. 10,963 m. 6. 1, 1963 m. 6. 1, 207 m. 3, 1968 m. 6. 1, 1963 m. 6. 1, 207 m. 3,025 m. 3,025 m. 6. 1, 1965 m. 1, 1964 m. 6, 1965

B. On November 5, 1965, Nonparty P completed the registration of initial ownership of the instant land on November 5, 1965, and thereafter, the Defendants completed the registration of ownership transfer or co-ownership transfer of the instant land through the registration of ownership transfer in succession.

[Ground of recognition] The plaintiff, defendant B, C, D, E, F, and I: Each entry of Gap evidence 1-1 to 4, Gap evidence 3-5 (including each number), the purport of the whole pleadings, and the plaintiff, defendant G, and H: Confession (Article 150 of the Civil Procedure Act)

2. Determination as to the cause of claim

A. Since L, the assessment title of the Plaintiff’s assertion, and the Plaintiff’s increased portion V, are the same as the Plaintiff, the instant land was finally inherited by the Plaintiff via the increased portion V, lighting W, and attached X, the registration of ownership preservation in P’s name is null and void, and the registration of ownership transfer based on the registration of ownership preservation is also null and void.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer based on the restoration of real name.

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