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(영문) 의정부지방법원 2018.08.22 2017가단120530
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in the Japanese occupation period, the network E, which has a domicile in Yangyang-gun, Yangyang-si, Yangyang-si, c 2588 square meters (hereinafter “instant land”) was written as being under the assessment in 1913 (2 years in Taiwan-si).

B. After the cadastral record on the instant land was destroyed due to a disaster of 6.25 incidents, on February 12, 1958, it was stated that, as the cadastral record on the instant land was destroyed due to the cadastral restoration, net E was in the land cadastre restored, and on August 20, 1958, the name of F was entered in the owner column due to the owner restoration.

C. On May 28, 1981, the registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed in the name of G, which is the dynamics of F, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”) under Article 23407 of the receipt of the Namyang District District Court’s receipt of the Namyang District Office of Registry on May 28, 1981.

On February 21, 2017, the Defendant, who is the wife of G, completed the registration of ownership transfer on the land of this case due to inheritance due to the consultation and division as of September 27, 2016.

E. The deceased on October 27, 1950, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on December 26, 198, the deceased on the part of the deceased on the part of the deceased on the part of the deceased.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. Registration of preservation of ownership in the name of G, which was completed with respect to the Plaintiff’s assertion on the instant land, is registration of invalidation of the cause of completion without any title, and registration of transfer of ownership in the name of the Defendant is also registration of invalidation.

Therefore, the Defendant, as a net E descendants, is obligated to perform the registration procedure for transfer of ownership based on the restoration of real name with respect to the said land, to the Plaintiff who solely inherited the said land.

B. Special Measures for Determination is Law No. 3562 of April 3, 1982.

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