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(영문) 전주지방법원 2017.01.31 2016가단18342
소유권이전등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 1914, Nonparty F, the Plaintiff’s increased portion of Nonparty F, was assessed against 333 square meters (hereinafter “the land before the instant subdivision”). Defendant B completed the registration of preservation of ownership of the land before the instant subdivision in its name, under the Act on Special Measures for the Registration, etc. of Ownership Transfer of General Farmland, under the former District Court Decision No. 15579, May 10, 1965, pursuant to the Act on Special Measures for the Registration, etc. of Ownership Transfer of Farmland.

B. Meanwhile, on March 21, 1991, the land before the instant subdivision was changed to the land category of 1,101 square meters on March 21, 199, and was converted into the area unit. On June 17, 1997, the area of the land before the instant subdivision was reduced to 39 square meters on the grounds that the E large 41 square meters and D large 261 square meters were divided, respectively.

C. However, on June 17, 1997, the day of the division, as seen above, the registration of ownership transfer was completed in the name of Defendant Tonju-gun by the receipt of the indictment from the Jeonju District Court on the ground of a public land consultation on June 17, 1997, which was the day when the above E-M-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S-W-S-W-W-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s claim against the Defendants is that the registration of preservation of ownership in Defendant B’s name on the land prior to the instant partition was made based on a false certification. The registration of ownership transfer in the name of Defendant Toyju-gun on the land prior to the instant subdivision, i.e., Seoul Special Self-Governing Province prior to the instant subdivision, was divided from the land prior to the instant subdivision, and subsequent annexation, was made based on the registration of ownership transfer in the name of Defendant Toyju-gun, Jeollabuk-do, and thus, is null and void. Therefore, Defendant B is the Plaintiff.

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