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(영문) 의정부지방법원 2017.01.24 2014가단42127
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

(a) In both weeks, the land survey division drawn up during the Japanese colonial era with respect to each land of G and H shall be indicated by I as being in the assessment.

Since then, 28 square meters among the above G land was divided into J and each land listed in the separate sheet (hereinafter “each land of this case”).

B. On June 9, 1926, K died, and K succeeded to Australia as K’s heir, and on August 8, 1928, L died, and each of the instant lands was inherited to N who is a sole heir, and N died on February 16, 1989, and jointly succeeded by the Plaintiffs.

C. On June 30, 1953, O, the father of Defendant E completed the registration of ownership preservation (hereinafter “the registration of ownership preservation”) on each of the instant land on the grounds of ownership recovery, and on August 12, 1981, Defendant E completed the registration of ownership transfer on October 5, 1973 under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094; hereinafter “Special Measures Act”).

On December 2, 2004, Defendant F completed the registration of transfer of ownership (hereinafter “Defendant F’s transfer of ownership”) on the land listed in [Attachment List 3] from Defendant E on the grounds of sale.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 10 (including where there is a tentative number), Eul evidence 3, the purport of the whole pleadings

2. Grounds for and determination of the claim

A. Each of the instant lands asserted by the Plaintiffs was assessed in the name of K, which is the Plaintiffs’ preference, and was inherited to the Plaintiffs, and owned by the Plaintiffs.

However, registration of preservation of ownership of each of the lands of this case is broken as long as the title holder of the assessment is revealed, and registration of transfer of ownership in the name of Defendant E is completed due to sale under the Act on Special Measures for the Management of Land Ownership or its substance is registered due to inheritance.

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