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(영문) 청주지방법원충주지원 2016.02.17 2015가단21724
소유권보존 및 이전등기말소 청구
Text

1. Defendant D, Defendant E, Defendant F, and Defendant G shall share one fourth of each of the real estate listed in the separate sheet to the Plaintiffs.

Reasons

1. Claim against Defendant D, Defendant E, Defendant F, and Defendant G

A. The Plaintiffs indicated in the claim are the successors of H(Seoul) I (Death on December 24, 1927), who were the owners of land before the land was divided into each of the real estate listed in the separate sheet, to share one-third shares of each of the real estate listed in the separate sheet following an agreement on the division of inherited property as the successors of H I (Death on February 15, 1966).

However, on March 4, 1995, J completed registration of ownership transfer in the name of J under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) with respect to each real estate listed in the separate sheet using false guarantee certificates, etc.

The above defendants are the successors of J (children) and are obligated to implement the procedure for cancellation of registration of cancellation of the above registration of preservation of ownership, which is null and void of cause.

(b) Defendant D of the applicable provisions of Acts: Article 208(3)3 of the Civil Procedure Act (decision by service by public notice), Defendant E, Defendant F, and Defendant G: Articles 208(3)1 and 257 of the Civil Procedure Act;

C. Partial dismissal of the Defendants’ respective inheritance shares in excess of 1/4 of the above Defendants’ respective inheritance shares

2. Demanding against the defendant-appellant;

A. As to the real estate Nos. 4 and 5 as indicated in the summary of the Plaintiff’s assertion, the registration of transfer of ownership in the Defendant Chungcheongnam-si, which was completed based on the registration of invalidity of cause by J, must be cancelled.

B. In addition to the whole purport of the pleadings in the statement Nos. 5, 6, Eul evidence Nos. 1 and 2 (including above numbers), the defendant Chungcheongnam-si, as to the real estate Nos. 4 and 5 in the separate sheet No. 5 on June 27, 1998, can be recognized that the defendant Chungcheong-si, as to the real estate in the separate sheet No. 5 on June 27, 1998, completed the registration of ownership transfer due to consultation on the acquisition of public land by Cheongju District Court No. 23215 on June 18, 1998, and that the defendant Chungcheong-si occupied real estate No. 4 and 5 for ten years thereafter.

In addition, pursuant to Article 197 of the Civil Code, the defendant Chungcheongnam-si has occupied the real estate No. 4 and No. 5 as the intention of ownership, good faith, peace, and public performance.

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