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(영문) 창원지방법원 2016.05.12 2015가단16463
원인무효에의한 소유권이전등기말소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 1927, registration of preservation of ownership was completed with respect to the 390 square meters in Changwon-gun B, Changwon-gun.

B. The above A.

On September 5, 1992, the port real estate was divided into 155 square meters and 235 square meters, and among which D real estate was changed into a road, the category of the land was eventually changed into a road, and each real estate listed in the separate sheet (hereinafter “instant real estate”).

On the same day, the registration of ownership transfer was completed in the defendant's future on the grounds of the acquisition by consultation on May 11, 1992, No. 3691, which was received by the Changwon District Court on the same day.

C. The Defendant occupies the instant real estate after completing the registration of ownership transfer concerning the instant real estate, and currently uses the instant real estate as 1040 local highways.

The deceased on March 21, 1943, the deceased on March 21, 194, and the deceased on May 5, 1980, and the plaintiff and the deceased on May 5, 1980 succeeded to this.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 5 (including each number), and arguments and judgment as to the ground for claim Nos. 2

A. The Plaintiff’s assertion 1) The instant real estate is owned by the network C. Although the network C died on March 21, 1943, the registration of transfer of ownership on the instant real estate in the name of the Defendant was made without any legal cause, due to the acquisition by agreement with the network C on September 5, 1992. Therefore, the Defendant is obligated to implement the registration procedure for cancellation of transfer of ownership on the instant real estate as one of the final successors of the network C, seeking the registration procedure for cancellation of ownership transfer registration as to the instant real estate, as one of the co-owners’ preservation procedures. (2) If the confirmation was made by the competent Land Tribunal among the procedures for the Defendant’s assertion acquisition by agreement, the transfer of ownership was based on the sole application, and thus, even if the deceased’s application for transfer of ownership by an application for registration of transfer is filed, its presumption of registration cannot

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