logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.01.22 2014나31640
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 13, 1966, the instant real estate is located near the reservoir located in consideration of the high-income bracket with the land, the ownership transfer of which was registered in the name of the Plaintiff.

B. On December 10, 1980, the real estate of this case was registered under the name of the defendant (which was the Dasung Farmland Improvement Association at the time) on the ground of the acquisition of public land by consultation on March 4, 197, by the Changwon District Court's High Court's receipt of the registration office of Gosung District on March 10, 1980.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The main purport of the Plaintiff’s assertion is that the Plaintiff did not transfer the instant real estate to the Sungsung Farmland Improvement Association, a telegraph of the Defendant.

In light of the fact that the Defendant failed to submit a land purchase register, etc. to prove the purchase of the real estate of this case, there was no entry that the Plaintiff issued his personal seal impression, etc. to the Defendant’s side in 1980, which was the time of the registration of transfer of the real estate of this case, there was no entry that the Defendant conducted a public project in the vicinity of the payment reservoir and followed the procedures for consultation on the surrounding land in around 1977, which was the time of acquisition of the real estate of this case on the registry, and that there was no entry that the registration of transfer of ownership in the name of the Defendant was cancelled due to consultation on the acquisition of the public land of this case on March 10, 1987, because the registration of transfer of ownership in the name of the Defendant was made due to a mistake in the transfer of ownership due to a consultation on the land of this case on December 9, 194.

B. In the event that the registration of ownership transfer is completed with respect to the real estate determined by this Court, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration.

Therefore, the registered titleholder in the dispute over this is the registered titleholder.

arrow