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(영문) 부산지방법원 2015.11.04 2015가합2921
소유권이전등기말소
Text

1. Claim for the cancellation of ownership transfer registration as to the land listed in the separate sheet No. 1 among the instant lawsuits.

Reasons

Basic Facts

On November 25, 1972, the Plaintiff was the owner on the register of the land listed in the attached list No. 1 (hereinafter “instant land”). The Defendant completed the registration of ownership transfer with respect to the instant land as the receipt No. 41693 on December 6, 1972 on the ground of sale and purchase on November 25, 1972. Thereafter, the instant land was incorporated into the lower-class district land executed by Busan Metropolitan City with neighboring land upon authorization of the Minister of Construction and Transportation on June 4, 1973, and the certified copy of the cadastral map was closed on January 31, 197, and the land register was closed on April 27, 1978. The Defendant, through the land readjustment project, combined the instant land and neighboring land with “B” on December 30, 1978, and prepared a new lot number by giving it to “B” under the name of the Busan District Court on the land consolidation project, and then, made it to the Busan District Court on April 28, 197.

At the same time, there is a closed register as to the land of this case, and at the same time, there exists a register for the registration of ownership transfer filed by the defendant under the receipt of No. 41693 on December 6, 1972 after purchasing from the plaintiff on November 25, 1972.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 12, Eul evidence No. 12 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings by the plaintiff, although the plaintiff did not have any transaction relationship between the plaintiff and the plaintiff, the defendant, who alleged that there was no transaction relationship between the plaintiff and the plaintiff, has completed the registration of transfer of ownership under the defendant’s name with respect to the land of this case owned by the plaintiff on December 6, 1972, and

In addition, the land of this case is a road under the Land Readjustment Project Act.

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