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(영문) 수원지방법원성남지원 2019.07.05 2018가단228386
토지
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The answer 614 square meters (hereinafter “the land before subdivision”) of Gwangju-gun prior to the subdivision of the assessment of the land before subdivision was circumstances E (E and Gwangju-gunF) in 1911.

B. On October 5, 197 and January 1, 1989, land prior to the subdivision, such as the subdivision, annexation, etc. of land prior to the subdivision was divided into three square meters, namely, C 2,030 square meters in Hanam-si due to the administrative district change, and C 2,025 square meters in Hanam-si on June 15, 2018 (hereinafter “instant land”).

C. On December 21, 1974, H (IIs and J of Gwangju-gun) had already been registered on the land before the partition of registration relations.

The defendant completed the registration of ownership transfer from H on March 14, 1995 due to sale on February 1, 1983.

On May 8, 1939, K (K, the permanent domicile L) of the plaintiff's inheritance relation plaintiff died, and N (N, the ex post facto son M (Death on February 4, 1913) solely inherited K's property.

N on February 17, 1978, the plaintiff, the wife of N, jointly inherited the N's property, and theO died on April 12, 1990, and the plaintiff solely inherited the O's property.

[Ground of recognition] Facts without dispute, Gap 1, 5, 6, 7, 8 (including additional numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the registration of ownership preservation on the instant land in H’s name, who is not a situation title holder, is null and void. Therefore, the Plaintiff asserts that the registration of ownership preservation on the instant land in H’s name is also null and void, and that the registration of ownership transfer under the name of the Defendant to whom the ownership was transferred from the former is a situation name and that the owner of the instant land was inherited

B. The defendant asserts that the defendant is not the same person E, who is the deceased decedent, K and E, who is the real owner of the land of this case.

Furthermore, even if it is not so, the defendant.

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