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(영문) 대구지방법원안동지원 2016.01.20 2015가단22434
소유권말소등기
Text

1. The defendant shall receive on March 29, 1997 from the plaintiff the Daegu District Court with respect to the 1590 square meters of the Yancheon-gun B Seocheon-gun Seocheon-gun.

Reasons

1. Basic facts

A. On December 29, 1941, Daegu District Court No. 5644 of the receipt of No. 564 of the receipt on December 29, 194, as to the 1590 square meters in Yancheon-gun B, Chungcheongnam-gun, Chungcheongnam-do, and C 1210 square meters (hereinafter “instant real estate”), the registration of ownership transfer was completed on the co-ownership of D, E, F, G, H, I, and J7.

B. Of the instant real estate, the registration of transfer of ownership was completed in the name of the Defendant on the ground that (a) No. 3211 of the receipt of March 29, 1997 with respect to B 1590 square meters among the instant real estate; (b) as to C 1210 square meters with respect to C 1210 square meters with respect to the real estate, the registration of transfer was completed in the name of

C. On September 25, 1954, the Plaintiff’s name after the Chang-dong name changed into G, and died on September 25, 1954, and on November 24, 2005, Ma was solely inherited as Australia, and M was deceased on November 24, 2005, and was its heir N, Plaintiff,O, and P.

[Ground of recognition] Evidence Nos. 1-1, 2, 3-1, 2, 5-5 through 7, 6-1, and 6-2, and the purport of the whole pleadings

2. In light of the following circumstances acknowledged as a whole based on Gap evidence Nos. 5-1 through 5 in the above facts finding as to the cause of the claim, and the fact finding as to Q pages of this court, KR on December 29, 1941, around the time when the ownership transfer registration was made to 7 persons with respect to the real estate of this case, KR did not have any relative relation to the plaintiff. TR on the old copy of the register among co-owners of this case, TR on the original copy of the real estate of this case mainly takes the same name and address as Eul on the certified copy of the original copy of the register of the U and the old copy of the register of the U and the former copy of the register are the same as the name and address of Gohap on the certified copy of the original copy of the register of the real estate of this case, the real estate of this case is deemed null and void as belonging to 7 persons, including K, and even if not owned by Japan.

Therefore, the Defendant is obligated to cancel the registration of transfer of ownership under the name of the Defendant with respect to the instant real estate to the Plaintiff, a co-owner of the instant real estate.

3. Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

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