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(영문) 춘천지방법원 2015.06.16 2014가단34051
소유권이전등기말소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. D’s address in C with respect to each of the real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) after division in the land research division against Hongcheon-gun, Hongcheon-gun, which was drafted on October 1, 1916, which was the Japanese occupation point of Japanese colonial rule.

5.15. Each fact shall be described as being received; and

B. After the registration of ownership preservation was completed on July 18, 1985 by the receipt of the Chuncheon District Court (No. 9122) on each of the instant real property as to D, the registration of ownership transfer was completed on the same day, which was based on a public land consultation on December 29, 1983, from the receipt of the Chuncheon District Court (No. 9123) to the Defendant on the same day.

C. On March 13, 1974, the real estate listed in attached list Nos. 2 through 4 was changed to each road on November 17, 1919, while the real estate listed in attached list Nos. 2 through 4 was changed to each road on November 17, 1919. The Defendant occupied each of the instant real estate after completing the registration of ownership transfer concerning each of the instant real estate. At present, each of the said real estate is being used as national highways 4 lines, roads, and lanes for road occupancy.

The network D (D, Gangwon Hongcheon-gun E) died before the Sea and succeeded to the network D by F, a South-North Korea under the former customary law. On September 17, 1950, the network F succeeded to the network F, a South-North Korea under the former customary law, but G died on February 17, 1958 and succeeded to the network G.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 10, 13 through 15 (including provisional number), Eul evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that each of the instant real estate was owned by the network D, and the registration of transfer of ownership to each of the instant real estate in the name of the Defendant, which was made on December 29, 1983 due to consultation with the network D on the acquisition of public land in the name of the Defendant on December 29, 1983, is invalid without any legal cause.

Therefore, the Defendant, as the heir of the network D, shall implement the procedure for the cancellation of the ownership transfer registration concerning each of the instant real estate.

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