(영문) 광주지방법원 2020.01.15 2019나57069

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(영문) 광주지방법원 2020.01.15 2019나57069

소유권보존등기말소

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1. Revocation of the first instance judgment.

2. On September 30, 2013, the Defendant: (a) on September 30, 2013, as to the 367 square meters prior to Gwangju Mine-gu.

Reasons

1. Facts of recognition;

A. C (C and address: B) around September 1, 1921, the owner of the instant land was found to have been 367 square meters prior to B in Gwangju Mine-gu (hereinafter “instant land”). On March 23, 1942, around March 23, 1942, the owner of the instant land was changed to E (E and address: F) as the cause of the change in the name.

B. On April 24, 1996, the registration of ownership transfer in the name E was issued as of April 1, 1996 by the registration office of the Gwangju District Court, as of April 24, 1996, and the registration of ownership transfer in the name of the defendant was completed on September 11, 1948 on the ground of reversion of rights.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. (1) The Plaintiff’s assertion (1) The land of this case was purchased and possessed by the deceased G (HH, death on February 15, 1994, hereinafter “the deceased”) from C around 1928, and was donated the land of this case to the Plaintiff in 193.

(2) The registration of transfer of ownership, which is completed in the name of the defendant on the premise that E is a citizen of the Republic of Korea who was in the name of E, and is Japan, is the registration of the invalidation of the cause.

Therefore, the defendant is obliged to implement the procedure for cancellation of ownership transfer registration.

B. (1) The Plaintiff sought cancellation of the ownership transfer registration under the name of the Defendant, and thus, the Plaintiff, who is not the owner of the instant land, has no right to seek cancellation of the registration due to the invalidity of the ownership transfer registration against the Defendant.

(2) Even if the Plaintiff seeks to cancel the registration of transfer of ownership in the name of the Defendant by subrogation of C’s heir, the submitted evidence alone is insufficient to acknowledge that the deceased purchased the instant land from C, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is rejected.

3. Judgment on the conjunctive claim

A. The plaintiff.

유사 판례

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