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(영문) 수원지방법원평택지원 2016.08.16 2015가단47216
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. (i) The plaintiff's primary causes of the claim are as follows.

In other words, ① The instant land was the land under the circumstances of the Plaintiff’s H, which was the father’s capital increase. On July 17, 1924, H died on the part of the Plaintiff, and on the part of the Plaintiff, the Plaintiff’s wife was succeeded to the said land as Australia’s heir. I married with J, and married with K and Hanam L, but L died due to being married with M and died. K was married with M and died on March 26, 1947, and K died on July 27, 1958. The above I died on August 25, 1968, the Plaintiff’s wife M and children N and A jointly succeeded to the instant land, but the instant land was divided into the Plaintiff’s inherited property by agreement between the heir of the Plaintiff (the Plaintiff’s heir of the instant land) on January 20, 2015.

2. to 5. The original DefendantO succeeded.

(1) Around May 14, 1968, the Defendants made false documents necessary for registration of ownership preservation and completed registration of ownership preservation in the name of O and B, including the Plaintiff, with respect to the above land on May 14, 1968. Therefore, the Defendants are obligated to implement the registration procedure for the cancellation of registration of ownership preservation on the land above as the reason of the restoration of real name, and even if not, have the obligation to perform the registration procedure for the cancellation of registration of ownership preservation (the part of the Plaintiff’s claim for cancellation of registration of ownership preservation has the meaning of the claim for the removal of interference based on ownership, and is also based on the restoration of the real name. However, the Plaintiff’s claim for registration of ownership transfer can be seen as seeking the cancellation of registration of ownership transfer in lieu of the cancellation of registration. On the other hand, the Defendants’ claim for cancellation of registration of ownership registration

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