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(영문) 대구지방법원 2017.04.19 2015나310504
소유권보존등기말소 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's defendant 3.

Reasons

1. In the first instance trial, the Plaintiff sought confirmation of the Plaintiff’s ownership on the land of the Gyeongcheon-gun, Chungcheongnamcheon-gun, and filed a claim for cancellation of registration of ownership preservation in the Defendant’s name on the said real estate and for cancellation of ownership transfer registration in the Defendant’s name on the land of the Gyeongcheon-gun

The first instance judgment rejected the above claim for confirmation of ownership, and accepted the claim for cancellation of registration of ownership preservation and the claim for cancellation of ownership transfer registration.

Since only the defendant appealed against the judgment of the first instance court, the subject of the judgment of this court is limited to the above request for cancellation of ownership preservation and the claim for cancellation of ownership transfer registration.

2. Basic facts

A. The entry in the old land cadastre of each of the instant real estate and the Plaintiff’s status 1) North Gyeongcheon-gun Egyun (hereinafter “Egyun”) are deemed only to be Egyun.

3,382 square meters of D forest land (hereinafter “D land”).

(2) The old land cadastre drawn up on December 30, 1976, stating that F acquired ownership on August 10, 1921. 2) The land cadastre drawn up on December 30, 1976, and that F acquired ownership on April 10, 1923, with respect to C forest land 4,724 square meters (hereinafter “C land”); and that it stated that F acquired ownership on December 10, 1923.

3) The F died on October 5, 1951, and the Plaintiff, as the only child of F, succeeded to the F’s property as the only child of F. B. The Defendant’s registration of each real estate of this case was completed on June 27, 1981 in accordance with the former Act on Special Measures for the Transfer of Ownership, etc. (Act No. 3094), which was in force on D’s land, pursuant to the Act on Special Measures for the Transfer of Ownership, etc. (Act No. 3094).

2) On June 27, 1981, the Defendant: (a) pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3094); and (b) pursuant to the registration of transfer of ownership based on sale on September 9, 1970 (hereinafter “instant registration of transfer of ownership”).

Upon completion of a contract (the fact that there is no dispute over the grounds for recognition, No. 1.

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