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(영문) 의정부지방법원 고양지원 2018.06.15 2015가합75681
소유권이전등기말소
Text

1. The plaintiff's lawsuit against the defendant BJ shall be dismissed.

2. The plaintiff 2. The plaintiff 2. The defendant 2.

Reasons

1. Basic facts

A. Defendant B’s clan (hereinafter “Defendant clan”) is a clan in which P is a common vessel.

B. According to the Land Survey Division and Forest Survey Division prepared during the Japanese occupation point period, each lot number before the division of real estate in the annexed list and the registration conversion is indicated as being Q Q has received.

(hereinafter referred to as "each of the instant lands, regardless of whether it was before or after the division and registration conversion).

The registration of ownership transfer in Q was completed on May 12, 1927 with respect to each land of this case, and the registration of ownership transfer in the name of net R, S, T, U, and V (hereinafter referred to as "net R, etc.") was completed on April 10, 1927 due to the sale and purchase as of April 10, 1927, and the registration of ownership transfer in the name of the defendant clan (hereinafter referred to as "the second registration of ownership transfer") was completed on July 22, 1980 based on the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was enforced as of July 22, 1980 (Act No. 3094).

Q died on October 2, 1927, and W solely inherited his own property. W died on July 8, 1985, the Plaintiff is one of the co-inheritors of W.

E. The network R died on January 6, 1952. Defendant C is the sole heir of the network R, and Defendant C died on March 2, 1954. Defendant D, E, F, G, H, H, I, J, M, N,O, K (hereinafter “Defendant D, etc.”) is the heir of the network U.

(hereinafter referred to as “the Defendants of successors” by referring to the above Defendants, who are the successors of the deceased and U.S.). / [based on recognition] The entries in Defendant clan, F, I, J, M, N, L: Unstrifed facts, Gap evidence Nos. 1 and 2, and Eul evidence No. 1 (including each number), and the whole purport of the pleadings, and the remaining Defendants: Confession

2. The Plaintiff’s assertion ① The registration of the first transfer of ownership in the name of R, etc., the fact that X was unable to purchase each of the instant land due to the economic situation at the time of U’s survival, including R, etc.

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