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(영문) 대전지방법원 2020.01.08 2018가단19627
소유권이전등록 등
Text

1. With respect to a road of 198 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun:

(a) Defendants B, C, D, E, and F are listed in Appendix 1.

Reasons

1. Basic facts

A. The Plaintiff’s father N (Death on April 13, 1986) completed the registration of ownership transfer as the receipt No. 4918 of March 30, 196, as to the 1,782 square meters (O land) of Geumsan-gun, Chungcheongnam-gun (hereinafter “O land”) on October 6, 1956.

The father of the Defendants’ P (Death on November 25, 2002) completed the registration of ownership transfer as the receipt No. 4205 on December 29, 1962 with respect to Qu 1,775 square meters (hereinafter “ Q land”) in Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun.

B. On December 1, 1969, Qua land of this case was divided into R 1,577 square meters (hereinafter “R land”) and M Do 198 square meters (hereinafter “instant land”).

C. N on December 1, 1983, under the Act on Special Measures for the Registration of Real Estate (Act No. 3562), completed the registration of ownership transfer with respect to the pertinent RR land under the name of the Republic of Korea, the Republic of Korea, on the grounds of sale on September 5, 1973. P completed the registration of ownership transfer with respect to the above O land under its name on September 9, 1983 under the Act on Special Measures for the Registration of Real Estate (Act No. 3562) on May 6, 1967.

The Plaintiff independently inherited the right to the instant land under one of N’s successors according to the agreement on the division of inherited property. Defendants B, C, D, E, and F are the successors of P, and the remaining Defendants are the successors of S, who are the former owners of the instant O and Q land.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8, purport of whole pleadings]

2. Determination

A. The plaintiff 1) asserted that the land in this case was divided from Q Q land, and the above Q Q land was purchased from the pertinent Q Q land and completed the registration of the land in this case by mistake. However, as to the land divided by agreement with P, a purchaser of the instant O land, the registration was corrected in the name of the plaintiff, N, the south, but the registration registration of the land in this case was completed.

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