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(영문) 전주지방법원남원지원 2016.11.16 2016가단10460
소유권이전등록
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the instant land, on June 16, 1948, the registration of ownership transfer was completed in the name of the deceased KK (hereinafter “the deceased”) by the receipt of the head of the Jeonju District Court and the 1841 registry office.

B. The Deceased died on June 26, 1950. At the time, there was Defendant F, the deceased’s child, etc., and Defendant F, the South-North, succeeded to the Deceased’s family.

C. As to the instant land, the registration of transfer of ownership in Defendant F’s name was received on June 28, 2006 by the same registry office, and the registration of transfer of ownership in Defendant G’s name was completed in sequence as of January 6, 2014 by the registry office as of January 6, 2014. Since then, the registration of transfer of ownership in Defendant G’s name was completed as of January 29, 2016 as of January 29, 2016 by Defendant H and I’s receipt on January 29, 2016.

The Defendant Korea Electric Power Corporation completed the registration of the establishment of divided superficies on May 26, 2010 with respect to public spaces of between 22 and 40 meters on the surface of the land, which are 438 square meters and 40 meters in the same line of transmission among the instant land.

E. Meanwhile, the deceased L was killed on February 6, 1984, and his heir was the Plaintiff B, C, D, and E, the wife of the Plaintiff and his children.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 2 and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that Defendant F is the deceased’s heir under the former Civil Act, which was enforced at the time of the deceased’s death, and the land of this case, which is part of the inherited property, was divided into the deceased L, and thus, the land of this case is owned by the Plaintiffs, the deceased’s heir.

Nevertheless, Defendant F completed the registration of transfer of ownership under his name with respect to the instant land, which constitutes the registration of invalidation of cause and must be cancelled.

In addition, as seen above, the registration of ownership transfer that was based on the registration of Defendant G, H, and I’s transfer in the name of Defendant F, and the Defendant.

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