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(영문) 청주지방법원 2017.02.02 2016가단11301
소유권이전등기절차이행
Text

1. The plaintiff's primary claim shall be dismissed.

2. The defendant shall make a report to B on October 1954 with respect to 476 square meters in the petitioner-gu, Cheongju City.

Reasons

1. Basic facts

A. The Defendant, on October 15, 1954, stated the land number as “M” but it is reasonable to see that the Defendant is a clerical error in light of the written evidence Nos. 2 and 11.

Before 306, 116 square meters (which was divided as follows and divided into three hundred and seventy-six square meters) were sold at KRW 3,500 in accordance with the Act on the Disposal of Property Belonging to the State. The above sales amount was paid in full on July 26, 1993.

B. The 306 square meters prior to the Cheongju-si shall be divided into 142 square meters prior to the filing of the petition, 142 square meters prior to the filing of the petition, 22 square meters prior to the filing of the petition, 30 square meters prior to the filing of the petition, Cheongju-si, and

C. From July 26, 1960, the network H (hereinafter “the network”) has occupied and used the instant land as a site for owning a house constructed on the ground.

On September 6, 1992, the deceased died on September 6, 1992, and as wife I and their children, J, K, the Plaintiff, and L were co-inheritors. On June 20, 2016, co-inheritors, including the Plaintiff, entered into an inherited property division agreement with the purport that the instant land, etc. belongs solely to the Plaintiff.

E. On October 4, 2006, the Defendant completed the registration of ownership transfer on the ground of reversion of rights on September 11, 1948 pursuant to the relevant laws and regulations on the ground that the owner of the instant land is Japan.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 11 evidence (including each number), the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion 1) The Defendant traded the instant land to B on October 15, 1954 in accordance with the Act on the Disposal of Property Belonging to the State, and B sold the instant land to the Deceased on July 26, 1960 on which the purchase price was paid, and the Deceased constructed and resided on the ground of the instant land. (2) The Defendant failed to perform this even though the ownership of the instant land should be transferred to B, on September 11, 1948, on the ground that the ownership of the instant land was transferred to B, and completed the registration of ownership transfer on October 4, 2006.

3. The plaintiff is the deceased.

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