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(영문) 창원지방법원통영지원 2020.07.07 2019가단25546
소유권이전등기
Text

1. The plaintiff's primary claim against the defendant B and the defendant's conjunctive claim are all dismissed.

2...

Reasons

1. Basic facts

A. The land category was changed to the answer around June 1964, 1964, before Gyeongsung-gun E.

On May 1, 1914, the land cadastre of 211 (hereinafter referred to as “previous land”) was examined in F’s name, and on March 11, 1921, the ownership transfer registration was made to G (Defendant C’s lighting).

B. The previous land was publicly announced on February 4, 1976 as 286 square meters according to the Gosung-gun H H Gyeong-gun's Gyeong-gun's Daung-gun's Daung-gun's Doz. On March 15, 1978, the area was converted into 945 square meters (hereinafter "the instant land").

C. On January 4, 2019, Defendant C made registration of ownership preservation on the instant land, and on January 23, 2019, Defendant C issued registration of ownership transfer on January 23, 2019 to Defendant B for sale.

[Ground of recognition] Facts without dispute, Gap 1, 5, 7, 8, 9, and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff asserted that the Plaintiff, as the de facto owner of the previous land, obtained the instant land as a substitute lot and acquired the ownership on February 5, 1976 after the public notice of a replotting disposition, and Defendant C, not the owner, acquired the ownership of the instant land, and completed the registration of ownership transfer under Defendant B’s name, and thus, the registration in the name of the Defendants is null and void.

Therefore, Defendant B is obligated to implement the registration procedure for ownership transfer for the restoration of real name.

B. There is no evidence to acknowledge that the Plaintiff received the instant land, which is the substitute land of the previous land, or that the Plaintiff is the owner of the instant land. Rather, according to each description A8 and 9, a person who received the instant land, which is the substitute land of the previous land, is G, and only can it be recognized that the registration in the name of G was made on April 23, 1976 on the ground of replotting in the land cadastre of the instant land.

Therefore, the above argument is without merit.

3. Determination as to the first preliminary claim (claim for Damages)

A. The plaintiff.

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