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(영문) 서울중앙지방법원 2014.11.06 2014가합8016
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Facts of recognition

On November 20, 1981, 480 square meters of forests and fields B, such as the ownership of each land of this case, were each land listed in the separate sheet (hereinafter referred to as "each land of this case") through division, change of administrative district name, and unit conversion of area.

With respect to each of the instant lands, the registration of transfer of ownership in the name C and D was completed on January 14, 1943 due to the sale as of December 10, 1942; ② the registration of transfer of ownership in the name of the Plaintiff was completed on December 10, 1980 due to the sale as of November 20, 1967; and ② the registration of cancellation of ownership transfer in the name of the Plaintiff was completed on May 24, 1986 due to the final and conclusive judgment in the relevant litigation as seen below.

On the other hand, on October 31, 1996, the registration of transfer of ownership in the name of the defendant was completed due to the reversion of rights as of September 11, 1948 with respect to the land listed in Paragraph 1 of the attached list.

E, the grandchild of the pertinent lawsuit C, filed a lawsuit against the Plaintiff seeking the cancellation registration of ownership transfer registration under the Plaintiff’s name (U.S. District Court 83Kadan2) with respect to each of the instant land, and was sentenced to a full winning judgment on November 23, 1983.

On April 13, 1984, the plaintiff appealed (U.S. District Court 83Na534) but was sentenced to dismissal of appeal on the following grounds, and the above judgment became final and conclusive on May 15, 1984.

(hereinafter referred to as “related litigation”). C and D have been entrusted F with the management of each of the instant land as the upper soil in G, and F had transferred only the above cultivation right to each of the instant land to H around 1953 and H around 1978 through I, ASEAN, ASEAN, around 1978, to the Plaintiff. As such, the registration of transfer of ownership in the Plaintiff’s name that the Plaintiff completed with a false letter of guarantee and confirmation issued by the Plaintiff becomes invalid, and the Plaintiff is obligated to implement the procedure for registration of cancellation of transfer of ownership to E, a co-owner of each of the instant land.

The plaintiff, from around 1953 to H and I, performs each of the lands of this case in a peaceful manner with the intention to own them for at least 20 years.

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