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(영문) 대전지방법원홍성지원 2016.06.01 2015가단11199
소유권이전등기
Text

1. The Defendant made the Plaintiff the reason for the restoration of the true registration name with respect to the real estate size of 612 square meters in Hongsung-gun, Chungcheongnam-gun.

Reasons

1. On April 18, 1947, D completed the registration of ownership transfer on February 10, 1946, with respect to the land of this case 612 square meters (hereinafter “instant land”).

D died on January 11, 1974, and the plaintiff, the grandchild, inherited D's property alone.

On March 31, 1976, the Defendant filed a lawsuit against D, who had already died, for the implementation of the procedure for ownership transfer registration under the Hongsung Branch of Daejeon District Court 76Gadan129. On August 10, 1975, the above court sentenced D to the judgment that “D shall implement the procedure for ownership transfer registration on the instant land on the grounds of sale on August 10, 1975” (hereinafter “the previous judgment”), and the above judgment became final and conclusive around that time.

The defendant completed the registration of ownership transfer on March 7, 2007 by the previous judgment of this case.

(hereinafter referred to as "the registration of transfer of ownership of this case"). . [Grounds for recognition] The fact that there is no dispute, Gap 1 through 8 (including each number), witness E, and the purport of the whole pleadings.

2. According to the above facts of determination as to the plaintiff's cause of action, the lawsuit filed against D who had already died by the defendant is unlawful. The previous judgment of this case, which took place in the main decision, is null and void as it does not affect the heir, and thus, the registration of transfer of ownership of this case, which was made in accordance with the previous judgment of this case null and void, is null and void.

Therefore, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land to the Plaintiff, who is the heir of D, due to the restoration of real name.

3. On August 10, 1975, the Defendant: (a) purchased the instant land from the Plaintiff’s mother F from the Plaintiff’s mother F, and subsequently acquired the instant real estate by prescription by indirectly occupying the instant land through F until the F dies on December 8, 2014; and (b) accordingly, the instant transfer registration is consistent with the substantive relationship.

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