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(영문) 서울중앙지방법원 2015.07.14 2013가단5108764
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In the repayment ledger for the attached real estate indicated in the attached Form (hereinafter referred to as the “land of this case”), H is written as a distributor of the land of this case.

(However, the area is described in 118 square meters). (b)

On October 29, 1990, the defendant registered the ownership preservation of the land of this case as the Seoul Central District Court No. 118522 received on the same day.

C. On August 21, 1998, the land cadastre of the instant case is indicated as having changed the area from 390 square meters to 407 square meters on the ground of boundary correction.

Inheritance He died on February 23, 2001 (hereinafter in this case, the deceased), and the plaintiff A, his spouse, inherited the deceased at the ratio of 3/15 shares, and the shares of the plaintiff B, C, D, E, F, and G, who are children, in proportion to the shares of 2/15 shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. The Plaintiffs asserted that the deceased acquired the ownership of the instant land by completing the repayment of the instant land upon the distribution of the instant land.

Since the Defendant made a registration of ownership preservation on the instant land without any legal ground, the Defendant is obligated to implement the registration procedure for ownership transfer according to the ratio of inheritance shares of the Plaintiffs on the instant land due to the restoration of real name.

B. As seen earlier, the fact that the deceased entered as a receiver of the land of this case in the redemption ledger is acknowledged. However, the above evidence and evidence Nos. 1 through 2, which are acknowledged as comprehensively considering the overall purport of the pleadings, namely, the following circumstances: ① there is no indication on the completion of repayment in the detailed statement of receipt of repayment; ② there is no submission of the redemption certificate issued upon the completion of repayment; ③ there is no submission by the plaintiffs regarding some land entered in the redemption ledger, ③ there is no ownership transfer registration on the land of this case, even though the deceased transferred its ownership. ④ The deceased did not transfer its ownership

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