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(영문) 창원지방법원밀양지원 2019.08.14 2019가단10684
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s father, father I (hereinafter “the deceased”) completed the registration of ownership transfer on the instant land on June 24, 1949.

B. Around February 1950, the Deceased died, and there was the Plaintiff, etc., who was his wife, J and his wife, but the Plaintiff was in the same manner as the Deceased.

C. As to the land of this case on October 4, 1959, the registration of transfer of ownership (hereinafter "the first ownership transfer of this case") was completed on March 27, 1981 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter "the Special Measures Act"), which was enforced on March 27, 1981, and the registration of transfer of ownership (hereinafter "the second ownership transfer of this case") was completed on August 17, 1993 on May 30, 2008.

The deceased on January 4, 2007, and the deceased on January 4, 2007, the Defendants are the deceased L/W and their children, and the deceased on June 15, 2018, and the Defendants, the heir, are the Defendants.

[Reasons for Recognition] Facts without dispute Gap's statements (including the provisional number) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion K completed the registration of transfer of the first ownership of this case without any ground, even though the Plaintiff did not purchase the instant land from the Plaintiff.

In addition, the registration of transfer of the second ownership of this case was completed on the basis of the registration of transfer of the first ownership of this case.

Therefore, since each ownership transfer registration of this case is null and void, the land of this case is owned by the plaintiff, who is the heir of the deceased.

Ultimately, the Defendants, who are the successors of the network K and the network L, are obligated to implement the procedure for cancellation registration of each transfer of ownership of this case with respect to the Plaintiff’s share of 1/6, each of the inheritance shares in the instant land.

B. The instant case was completed under the Act on Special Measures for Determination.

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