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(영문) 서울중앙지방법원 2016.07.01 2015가단5321080
소유권말소등기
Text

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

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On October 1, 1913, the Plaintiff’s prior-lineed GJ was determined on October 1, 1913, 4,700 square meters (hereinafter “instant assessment land”).

The registration of ownership transfer was completed on April 9, 1974 in the name of Defendant D, E, F, G, H, and I (hereinafter “Defendant D, etc.”) on April 9, 1974 with respect to the 174 square meters prior to L prior to the instant assessment land, following N, etc.

The above land shall be converted into the area and attached Form due to the division on December 28, 2012

1. The description in the real estate list; and

Port land (hereinafter referred to as “instant land”).

In addition, the attached Form converted from the area into the area of 22 square meters in the Gu Government-si, which was successively divided from the land of this case, on June 1, 1997.

2. The description in the real estate list; and

land at issue (hereinafter referred to as "land No. 2 of this case")

On April 9, 1974, the registration of ownership preservation was completed under the name of the deceased M on April 9, 1974, and the registration of ownership transfer was completed on November 4, 2004 under the name of the defendant C on November 4, 2004. [The entry in the evidence Nos. 1-7 and the purport of the whole pleadings are as follows.]

2. Summary of the parties' arguments

A. The registration of ownership transfer in the name of the deceased M as to the land Nos. 1 and 2 (hereinafter referred to as “each land of this case”) of the Plaintiff’s assertion is an invalidation of cause, and the registration of ownership transfer in the name of the defendant B and the defendant C is also an invalidation of cause.

The Plaintiff is an act of preserving jointly-owned property as one of the former successors of the deceased J as to each of the instant lands, and the Plaintiff seeks cancellation of the above registration of preservation of ownership in the name of the deceased M, and seek cancellation of the above registration of ownership transfer against Defendant B and Defendant C.

B. Since the completion of the prescriptive acquisition period for each land of this case by Defendant B and C, each of the above Defendants’ respective transfer registrations were consistent with the substantive legal relationship, the Plaintiff did so.

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