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(영문) 서울서부지방법원 2020.05.07 2019가단10753
원인무효에 의한 소유권보존등기말소등기
Text

1. The plaintiff's lawsuit against the defendant C, D, and E shall be dismissed, respectively.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On October 15, 1913, F, the Plaintiff’s high help Division, received the assessment of the name of the G 2284 square meters in the Gyeonggi-do Yangju-gun G prior to the subdivision (hereinafter “Before subdivision”) and died on August 4, 1923.

After then land cadastre and real estate register for the land before subdivision

6. A 25-accident was destroyed and lost.

B. Meanwhile, Defendant B, the deceased H’s arche, concluded a sales contract with I on December 30, 1968 to purchase 1,000 square meters of the land before subdivision.

The network H completed the registration of initial ownership on June 8, 1970 with respect to the 1,000 portion of the land before subdivision, which was received on June 8, 1970 by the Government Registry of the District Court, No. 6680.

On May 9, 198, Defendant B completed the registration of transfer of ownership in accordance with No. 16859, which was received on May 9, 1988, for the reason of inheritance of property due to the consultation and division on March 11, 1987.

Meanwhile, 1,000 square meters among the lands before subdivision was changed to “3,306 square meters” as a unit of area conversion on May 9, 1988, and was divided into 3,181 square meters before the JJ and 125 square meters before K on September 9, 2005.

(2) In order to register the ownership transfer under Defendant B’s name, the registration of ownership transfer under the name of the deceased H was made, and the registration of ownership transfer under Defendant B’s name was made. (3), 3,181 square meters before J. (hereinafter “instant land”). (5) E.

The network H, from June 8, 1970, occupied the instant land from June 8, 1970, carried out dry field farming by a third party, etc., and currently Defendant B occupied the instant land.

The deceased H died on March 11, 1987, and his spouse and children are the Defendants.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 7 evidence, Eul's 2 through 11 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the lawsuit against the defendant C, D, and E is legitimate

(a) A person responsible for registration, who is a person who loses his right or is disadvantaged by the registration in the form of the registry (the title holder or the general successor).

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