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(영문) 수원지방법원 2015.06.17 2014나33182
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant is the Suwon District Court with respect to the size of 483 square meters on the B-road in Gwangju City.

Reasons

1. Basic facts

A. According to the Land Survey Division for Gwangju-gun C prepared by the Department of Provisional Land Survey in the Japanese occupation period of Japanese occupation, the answer of Gwangju-gun D is written by the plaintiff clan E and two others, who are the clan members of the plaintiff clan.

B. On March 20, 1953, Gwangju-Gun D was divided into F 380 square meters, G 483 square meters (hereinafter “instant land”), and H 932 square meters. As to F and H, registration of preservation of ownership was completed for each one-third portion in the future of I, J, and K on May 27, 1981.

On the other hand, registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) was completed on March 14, 1996 by the Suwon District Court, Sung-nam Branch, Gwangju District Court, the 10817 received on March 14, 1996.

Since August 3, 2011, each land was changed to Gwangju City L, B, and M due to the change of administrative district name.

C. Meanwhile, around 2013 regarding F and H land, the registration of ownership transfer for each one-third portion of N,O, and P was completed due to inheritance, gift, etc. by consultation division. The O’s shares were transferred to P and N in May 25, 2013, and N and P own each one-half shares of each of the above land. Since N and P were transferred to S in November 27, 2013 due to donations made by November 27, 2013, the N and P owned each of the above land by the current N, P, and S owned each of the above shares of 1/3 shares.

At present, the land category of this case is a road.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 3, 4, 9, 12, 13, and 14, the purport of the whole pleadings

2. The plaintiff's primary assertion that the plaintiff held that the land of this case was nominal in title to E, Q and R, and that the defendant, who completed the registration of preservation of ownership of this case that was null and void, has a duty to implement the registration procedure of cancellation of the above registration.

It is recognized that the land of a clan is owned by the members of the clan or by trust to another person at the time of the situation.

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