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(영문) 춘천지방법원 2017.05.10 2016가단53308
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 일제강점기에 작성된 춘천시D리 일대의 토지조사부에는 C 전 140평을 경성부 E(京城府 E)에 주소를 둔 F이 1917. 1. 5. 사정받은 것으로 등재되어 있다.

B. On the other hand, the above circumstances were no longer than 463 square meters, regardless of whether it was before or after the change of land category, through the conversion of the area unit and the change of land category, and the entry of the land cadastre and the real estate register in relation thereto is as follows.

① Registration of ownership preservation in the G on April 30, 1963 (2) ownership transfer due to sale as of October 19, 1973 in the H on June 28, 1984 (3) ownership transfer due to sale as of September 16, 198 (i.e., sale as of September 7, 1998)

C. Meanwhile, the Plaintiff’s evidence I died on January 5, 1917, and on August 11, 1927, the Plaintiff’s assistance division, a sole heir as his/her mother, died. The Plaintiff’s father K, a sole heir as his/her mother, died on December 1, 1996 and died on a joint inheritance of his/her child L, net M (L without a property heir on July 9, 2013), N,O, Plaintiff, and P, but the said co-inheritors agreed on the division of inherited property on December 10, 2015, with the purport that the Plaintiff solely succeeds to inherited property, including the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1, 2, Gap evidence 7, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion 1A is the same person as F, the assessment titleholder of the instant land (hereinafter “the assessment titleholder”) and the Plaintiff’s evidence support protocol I (hereinafter “Plaintiff’s evidence support protocol”). At the time of the assessment of the instant land, the Plaintiff’s evidence protocol was originally acquired as the owner under the circumstances.

Therefore, registration of ownership preservation in the G name, which was completed on the instant land, is registration of invalidation of cause, and registration of ownership transfer in the H and the Defendant’s name, which was completed based thereon.

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