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(영문) 광주지방법원 2020.04.22 2018가단530986
소유권말소등기
Text

1. Of the instant lawsuits, the part regarding the claim for the cancellation of the application procedure relating to the building ledger in the name of Defendant B shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. The status of the parties 1) D (hereinafter “the deceased”).

(B) On December 10, 1967, the deceased on December 10, 1967, and the heir died on September 23, 1981, and the wife and children F, G, Defendant B, H, and I, and F has J, K, L, M, Plaintiff A, N,O, K, and K as its substitute heir. (B) The deceased completed the registration of ownership transfer as to the 1/3 shares of the real estate listed in the separate sheet No. 1 in the separate sheet No. 1 in the separate sheet No. 2 (hereinafter “instant building”). The deceased owned the unregistered building with respect to the real estate listed in the separate sheet No. 2 in the separate sheet No. 3 in the attached sheet, and completed the registration of ownership transfer as to the real estate listed in the attached sheet No. 3.

2) Defendant B is the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (amended by Act No. 4502, Jun. 28, 1993; hereinafter “Special Measures Act”).

(3) On January 11, 1980, Defendant C completed the registration of ownership transfer for the real estate listed in the separate sheet No. 1 on the ground of sale on February 15, 1983, and completed the registration of ownership transfer for the instant building under the name of Defendant B. At the time of the registration of ownership transfer, the building register was created for the instant building. At the time of the registration of ownership transfer, P, Q, and Defendant B purchased the above real estate from the deceased and actually owned it at present. Meanwhile, Defendant C completed the registration of ownership transfer for the real estate listed in the separate sheet No. 3 on January 11, 1980 in accordance with the Act on Special Measures, and prepared P, Q, and Defendant B a guarantee of ownership guarantee in the same manner as the above paragraph No. 2 at the time of the registration of ownership transfer. [Grounds for recognition], there is no dispute, and the purport of each entry in

2. Of the instant lawsuit, the Plaintiff asserts that he/she is the owner of the instant building and seeks implementation of the procedure for cancelling the name of the owner of the instant building in the building register against Defendant B, by asserting that he/she is the owner of the instant building.

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