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(영문) 청주지방법원 2014.10.30 2013가단18059
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The network D purchased the instant land in an unregistered state from E, and the instant land from F prior to the subdivision in an unregistered state from Jincheon-gun, Jincheon-gun, Jincheon-gun (hereinafter “G land before subdivision”), respectively, and died on December 4, 1979 without completing the registration of ownership transfer.

D due to the death of H(C) and the Plaintiff(C) succeeded to D’s property with shares of 6/27, net I(C), J(3 K), Defendant B(C), each of 4/27 shares, L(ma), M(ma), and N(N) shares of 1/27 shares, respectively.

B. On July 19, 1980 and October 17, 1980, Defendant B completed the registration of ownership preservation (hereinafter “each of the instant preservation registrations”) based on each of its own andO, and P’s respective guarantee certificates (hereinafter “instant guarantee certificates”) with the content that “the above Defendant purchased the instant land from E on November 30, 1973, and actually owns the G land before subdivision from F on December 30, 1970, and on the basis of such certificates, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”), each of the above lands was completed by the Cheongju District Court’s receipt No. 8185 and the registration office No. 11215.

C. On October 31, 2002, Defendant B divided G land before subdivision into the land of this case 2, 3, and completed the registration of ownership transfer with the Jincheon District Court No. 13917 as to the land of this case to Cheongju District Court No. 13917.

The I died in around 2012, and the defendant C, the heir of I, completed the registration of ownership transfer based on inheritance by agreement division as the receipt of the same registry office on January 28, 2013.

(hereinafterhereinafter referred to as "I and each of the above registrations of transfer under defendant C's name "each of the above registrations of transfer of ownership of this case". [Grounds for recognition] did not dispute, Gap evidence 1-1 through 3, Gap evidence 2-2 through 4, Gap evidence 3-1, 2, Gap evidence 5, Gap evidence 6-1, 2-2.

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