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(영문) 광주지방법원장흥지원 2016.01.27 2014가단3567
소유권이전등기
Text

1. The plaintiffs' claim of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. With respect to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”), the Gangwon-gu District Court of Gwangju on May 8, 1973 received No. 3216 as of May 8, 1973, and the transfer registration under the name of the Plaintiff was made on January 10, 1964, and pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”), the transfer registration under the name of the Defendant was made on January 20, 1982 on the ground that the transfer registration was made on January 24, 1995 under the name of the Seoul District Court of Daejeon on the ground of the receipt of No. 2 real estate listed in the separate sheet No. 4956, Aug. 4, 1971; and the transfer registration under the name of the Plaintiff on December 14, 1962.

B. In addition, regarding the third real estate listed in the separate sheet, which was originally owned by the State of Gwangju District Court (hereinafter “third real estate”), the ownership transfer registration under the name of Nonparty D was made on December 28, 1989 with the receipt of No. 3072 on March 23, 1990, which was received on December 23, 1989. The ownership transfer registration under the name of the Defendant was made on April 22, 1991 with the receipt of No. 5775 on March 4, 1991 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-4, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) 1, 2 real estate No. 1, 1, and 2 obtained ownership by completing the Plaintiff’s purchase or sub-payment and completing each registration of ownership transfer. The mother, who is the father of the Plaintiff, has to cultivate and manage it. The above network E is a co-generation of the net F, the father of Nonparty D.

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