(영문) 창원지방법원진주지원 2015.11.03 2014가단1450

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(영문) 창원지방법원진주지원 2015.11.03 2014가단1450

소유권이전등기말소등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants of AA, who are 25 years of age of Y, and Non-party net AB, AC, and AD are descendants of AA.

B. Since around 1914, the real estate of this case was assessed in the name of Nonparty AE, and on March 25, 1937, the registration of ownership transfer was completed in the name of AB, which was the son of Defendant B, C, and AB on July 27, 2007. The registration of ownership transfer was completed due to the donation made on July 19, 2007.

C. The registration of ownership transfer based on the sale as of June 8, 1934 was completed in the name of AB on June 11, 1934, and the registration of ownership transfer based on the donation as of July 27, 2007 was completed to Defendant B, C, and Defendant D on July 19, 2007.

In accordance with the Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 3094) on August 31, 1981, the registration of transfer of ownership based on the non-party AB and AC joint names has been completed on July 27, 2007 with respect to the 1/2 shares of AB, the registration of transfer of ownership based on the donation was completed to Defendant B, C, and Defendant D on July 27, 2007.

E. On July 31, 1970, the registration of transfer of ownership was completed under the name of the deceased AD on June 4, 1957 under the Act on Special Measures for the Registration, etc. of Forest Ownership (Act No. 211), and on July 5, 2006, the registration of transfer of ownership was completed under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500) on January 10, 1975.

F. On September 3, 2007, the network AB succeeded to the network AB by Defendant D, F, G, H, H, and I, and upon the death of the network AC on February 4, 2009, Defendant J, K, L, M, N,O, P, and Q succeeded to the network AC, and the network AD succeeded to Defendant E, R, S, T, U, V,W, W, and X as of February 18, 1976.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

-임야소유권이전등기등에관한특별조치법

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