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(영문) 서울고등법원 2016.09.29 2016나2017550
소유권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. M was subject to the circumstances of Goyang-gun N and O land in 1913 (after that, the pertinent land was changed or subdivided into the administrative district, and, thus, 2,304 square meters and 230 square meters per Hayang-dong, Seoyang-gu, Ilyang-si and Hayang-si; hereinafter referred to as “instant land”).

B. Accordingly, the J (hereinafter referred to as the “J”) with the domicile in Pyeongtaek-gun P, Pyeongtaek-gun P filed an objection with K and L, and M, with the land investigation committee in the Joseon-gun Q, and on August 10, 1916, the Korea Land Investigation Committee in the Joseon-gun, the Korea Land Investigation Committee in the Joseon-gun, the Korea Land Investigation Committee (hereinafter referred to as the “Adjudication Committee”) rendered a ruling that the instant land is jointly owned by four persons, including J, etc., who filed an objection as above.

C. On August 4, 2014, Defendant C completed the registration of ownership transfer as stated in the purport of the claim in Defendant C’s name on the same day after completing the registration of ownership transfer in the name of the clan B in subrogation of the Codefendant B (hereinafter “B clan”) of the first instance trial on the instant land in which the unregistered status had not been registered.

After that, each transfer registration of ownership in the name of Defendant D, E, F, G, Korea Agricultural Institute Co., Ltd., and Goyang-si was completed, as stated in the purport of the claim regarding the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 15 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff is the only heir who is the son of J, K, L, and M among the land in this case, and the registration of ownership transfer in the name of the clan B concerning the land in this case has been completed without any cause. As such, the above registration of ownership transfer and the registration of ownership transfer based on such registration are null and void, and the defendants are obligated to implement the registration procedure for cancellation of ownership transfer registration in their names. 2) The plaintiff's name of the plaintiff's assertion of the defendants is not J but V, and the same person cannot be said to be the same as the J and the name and address, which are the name and address of the adjudication person in charge of the land in this case.

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