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(영문) 수원지방법원 2018.02.22 2017가단503551
소유권이전등기
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Basic facts

A. On September 19, 1934, the ownership transfer registration was made on September 19, 1934 with respect to the land of 1851 square meters (hereinafter “land before subdivision”) prior to the subdivision, in the name of E (1/10) around July 30, 1947, the entire E’s equity (1/10) was completed in the name of F, and the entire G’s equity (1/10) on August 29, 1947 was completed in the name of H.

B. On November 26, 1947, as to the land before subdivision, D, I, F, J, K, L, H, H, M, and N (total shares 9/10) had been registered in the name of P, the entire shares of P (9/10) was registered in the name of P, the entire shares of P (9/10) in the name of P (9/10) on December 18, 1962, Q (9/10) was registered in the name of Q, and the entire shares of Q (9/10) in Q (9/10) on December 18, 1962.

C. On November 19, 1981, the land before subdivision was divided into 721 square meters (hereinafter “instant land”) and 1130 square meters (hereinafter “instant land”). The entire R’s share (9/10) on the instant land was registered in the Plaintiff’s name on May 6, 1985.

The register on the land of this case was destroyed on March 21, 2003 on the ground that the common list was destroyed.

E. Meanwhile, on the instant land cadastre, the first ownership registration was made in the name of T and P on January 6, 1948; the transfer registration was made in the name of Q on February 18, 1962; the transfer registration was made in the name of R on December 18, 1962; and the transfer registration was made in the name of the Plaintiff on May 6, 1985.

F. The land cadastre of this case

6.25. It was destroyed by Korean War and restored thereafter.

G. On October 15, 2014, the judgment below became final and conclusive around that time, on the following grounds: (a) the Suwon District Court 2017Da50351, filed a lawsuit against the Defendant seeking confirmation of ownership of 9/10 shares out of the instant land; and (b) the said court rendered a judgment that 9/10 shares out of the instant land is owned by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion is made on May 6, 1985.

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