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(영문) 수원지방법원 안양지원 2017.02.10 2016가단110398
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 8 (including paper numbers) by reference to the whole purport of the pleadings:

Attached Form

With respect to the ownership of the real estate listed in paragraph (1) of the list of paragraph (1) (hereinafter referred to as “real estate 1”), on February 9, 1981, registration of ownership transfer (registration and receipt No. 4232) in H’s name was completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Law No. 3094, Dec. 31, 197; hereinafter referred to as “former Special Measures”) and registration of ownership transfer (registration and receipt No. 4232) in the name of Defendant B on September 29, 1998. On August 18, 2015, registration of ownership transfer in the name of Defendant Ko Savings Bank Co., Ltd. (hereinafter referred to as “Defendant bank”) was completed in accordance with the registration of ownership transfer (registration and receipt of No. 31538) in the name of Defendant CB, Inc. (hereinafter referred to as “former Special Measures”). The registration of the establishment of mortgage (hereinafter referred to as “Defendant C. 737,370,373737,”).

B. The registration of ownership transfer (registration and receipt No. 4231) in H’s name was completed on February 9, 1981 in accordance with the former Act on Special Measures for the Promotion of Ownership (No. 4231) with respect to the ownership of the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “No. 2 real estate”), and the registration of ownership transfer (No. 31538) in Defendant B’s name was completed on September 29, 1998 on the ground of donation on September 29, 1998, and the registration of ownership transfer (No. 31538) was completed on August 18, 2015.

C. As to the third real estate ownership of the real estate listed in the separate sheet No. 3 (hereinafter referred to as “third real estate”), the registration of preservation of ownership in H’s name (registration and receipt No. 4233) was completed on February 9, 1981 in accordance with the former Special Measures Act, with regard to the third real estate ownership of the real estate listed in the separate sheet No. 1, 2, and 3 (hereinafter referred to as “each of the instant real estate”).

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