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(영문) 전주지방법원 2017.09.15 2016가단18335
소유권이전등기말소
Text

1. Defendant B shall in turn take the point of indication 1, 2, 3, 4, and 1 of the annexed drawings among the 3,748 square meters of the area of 3,748 square meters in Jeonju-gun, Jeonju-gun.

Reasons

1. Basic facts

A. The land located in the name of E on October 24, 1914 in the name of 1,289 square meters prior to the annexation-gun, Jeonju-gun (hereinafter “D land prior to the annexation”) prior to the annexation.

B. Defendant B completed the registration of ownership preservation by the Jeonju District Court No. 82368, Dec. 9, 1993, under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

C. Defendant C completed the registration of ownership transfer on the ground of sale on August 5, 2004, as the receipt of the Jeonju District Court No. 46755, August 5, 2004, concerning D land prior to the merger.

Since then, on March 4, 2005, C was merged with D land and 1,104 square meters prior to the merger, and 1,355 square meters prior to the Giju-gun, Jeonbuk-gun, Jeonbuk-gun, one thousand and one hundred and fifty-five square meters prior to the merger.

(hereinafter referred to as “instant land”) the combined land is d.

Defendant Seocho-dong Agricultural Cooperative (hereinafter “Defendant CF”) completed the registration of the establishment of a superficies on the instant land as the receipt of No. 39415 on June 12, 2013, which was completed by the Jeonju District Court No. 39414, Jun. 12, 2013 and the registration of the establishment of a superficies completed on June 12, 2013.

E. Meanwhile, E died in 1948, and H, an son, succeeded to Australia.

H On March 20, 1950, the former Family Heading E died, and the son, the son, succeeded to Australia.

I died on April 19, 191, and the heir is the wife J (Death of April 4, 2001), the plaintiff, K, L, M, and N.

[Ground of recognition] Gap evidence 1 to 5 (including paper numbers), Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

(a) The registration of ownership preservation, which was completed by Defendant B prior to the annexation in accordance with the Act on Special Measures, shall be the registration of invalidity which was made on the basis of a false guarantee.

Therefore, Defendant B connects the Plaintiff with the point of indication 1, 2, 3, 4, and 1 of the annexed drawings corresponding to the land prior to annexation among the instant land.

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