(영문) 대구지방법원 경주지원 2018.05.29 2017가단12137

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2018.05.29 2017가단12137

소유권말소등기

Text

1. The plaintiff's claim is 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 full view of the entries in Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

On March 3, 1937, the registration of ownership transfer was completed on March 22, 1937 with respect to the land of 417 square meters (hereinafter “instant land”).

B. As to the instant land on January 14, 1984, the registration of ownership transfer was completed in the future of the defendant under the Daegu District Court and the Daegu District Court and the racing support on January 17, 2007, received on January 17, 2007.

The transfer registration is completed by the former Act on Special Measures for the Transfer of Ownership in Real Estate (Act No. 7500, effective, and effective; hereinafter “Special Measures Act”).

C. The plaintiff is the grandchild of D.

2. Summary of the parties' arguments

A. The Defendant completed the registration of ownership transfer on the instant land due to inheritance even though the Plaintiff is not D’s heir.

Therefore, registration completed in the future of the defendant is null and void of the cause, and since the plaintiff is one of the inheritors D and co-owner of the land in this case, registration completed in the future of the defendant on the land in this case must be cancelled.

B. Defendant E purchased the instant land from D in around 1937, and did not complete the registration of ownership transfer, and died on July 5, 1961, and his son was solely inherited the instant land as family heir.

In addition, as FF died on January 13, 1984, the Defendant, who was the ASEAN, occupied the instant land by sole inheritance, and completed the registration of ownership transfer concerning the instant land in accordance with the Act on Special Measures around around 2005.

Therefore, the registration of the instant land under the name of the defendant is valid as being completed lawfully in accordance with the Act on Special Measures.

Preliminaryly, the land of this case was newly constructed and resided on the land of this case by the Defendant’s Indones land E around 1949.

유사 판례

-청주지방법원 2018.05.11 2017가단11957

-대구지방법원안동지원 2017.10.18 2016가단4099

-창원지방법원 2016.07.19 2015가단85315

-대구지방법원김천지원 2016.10.07 2016가합168

-대구지방법원 2015.04.10 2014나13431