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(영문) 서울중앙지방법원 2019.03.08 2018가단5092475
소유권이전등기
Text

1. As to the size of 1,749 square meters and the size of 3,726 square meters and the size of 3,726 square meters in Chuncheon to Defendant C, Defendant B is on the ground of the recovery of the true name.

Reasons

1. Basic facts

A. The plaintiff clan was established in 1607 as a clan of F. 56 years old-old G with F. 56 years old-old G and continued to exist until now.

B. The registration of preservation of ownership was completed on February 23, 1965 in the name of H around February 23, 1965 with respect to the land around October 17, 2012 by Defendant B around December 29, 2015 with respect to the land of 1,749 square meters (hereinafter “1 land”) and 3,726 square meters (hereinafter “2 land”).

C. As to each land of this case, I is indicated as its owner in the land survey book prepared.

【Reason for Recognition】 Each description of evidence Nos. 1, 7, 10, 11 (including each number; hereinafter the same shall apply) and the whole purport of the pleading

2. The assertion and judgment

A. On March 40, 190, G, the plaintiff's argument of the parties, who was the time of the plaintiff's clan, was transferred to ChuncheonJ, and was set off with 40 dump from the mediation. The plaintiff's clan additionally acquired and formed as the family property, and owned and managed each land of this case, which is the family property, under the title trust I of the plaintiff's clan, and under the name of I, as the real owner of each land of this case is the plaintiff's clan, because he used each real estate including each land of this case, which the plaintiff's clan acquired and formed as the family property of this case, as the cump of the plaintiff's clan's consolation service.

However, the registration of ownership preservation in the name of H, which was temporarily permitted to cultivate each of the land of this case under his own name in a confusion situation following the death of I and June 25, 199, was completed. The registration of ownership preservation in the name of H is registration of invalidity of cause, and the registration of ownership transfer in the name of Defendant B, which was completed based on the above registration of ownership preservation, is also registration of invalidity of cause.

Therefore, Defendant B is about each of the instant land to Defendant C, who is the heir of I, who is a situation titleholder.

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