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(영문) 춘천지방법원 2015.12.11 2015나1912
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The name “D” is indicated in the former land cadastre column for each land listed in the separate sheet (hereinafter “each land of this case”) and the subsequent owner’s column is indicated H’s name.

B. On April 26, 1965, H completed the registration of initial ownership of each of the instant land (hereinafter “each of the instant registration of initial ownership”) by the Chuncheon District Court Crossing Branch No. 3320 on April 26, 1965, and completed the registration of ownership transfer based on the donation to I under No. 6231 on April 21, 2005 of the same registry office, and I completed the registration of ownership transfer based on the donation to the Defendant under the receipt of No. 5535 on April 10, 209 by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Each land of this case claimed by the plaintiffs is originally owned by father D, and D dies on June 12, 1951, the plaintiffs seems to have different from the content of customary law applicable to inheritance at that time. However, the plaintiffs' assertion is stated as it is, as D's death on June 12, 1951, the part of 1/2 of each land of this case in accordance with their statutory shares.

the ownership of the property was acquired.

However, H, who purchased the instant land from the deceased D, completed the registration of initial ownership on April 26, 1965, which was after D died.

As above, H concluded a sales contract with the deceased as a party and completed the registration, which is a registration of invalidity of cause, and the registration of I and the defendant based on the registration of invalidity of cause as above is also a registration of invalidity of cause.

Therefore, the Defendant is obligated to implement the procedure for the registration of ownership transfer for one-half share of each of the lands of this case to the Plaintiffs, the genuine owner of each of the lands of this case.

B. Determination 1.

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