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(영문) 춘천지방법원속초지원 2014.09.24 2013가단50765
소유권이전등기
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 1 to 5, Eul evidence 1 and 2 (including additional numbers), witness D's testimony and the whole purport of the pleadings:

The class E of Gangseosung-gun E 222 (hereinafter “the land before the division of this case”) is the land for which the Plaintiff, B, and C’s lighting net F (hereinafter “the Deceased”) was assessed by the Joseon Land Survey Ordinance.

The G of the Gangwon-do was changed to the "G of the Gangwon-gun of the Gangwon-do" due to the change of administrative district.

B. As to the land before the division of this case, Yangyang-gun (hereinafter referred to as the “Yyang-gun”) completed the registration of ownership preservation on October 17, 1962 (hereinafter referred to as the “registration of ownership preservation”). On January 1, 1963, the Defendant transferred the above land and HMyeon office, which is the above land and the above building, from Yangyang-gun, and completed the registration of ownership transfer under the Defendant’s name (hereinafter referred to as the “registration of ownership transfer”) as to the above land and building on September 13, 1963.

C. The land before the instant partition was divided into each land listed in the separate sheet (hereinafter “land after the instant partition”).

2. Determination

A. The summary of the parties' assertion 1) The land before the division of this case, which is the cause of the plaintiff, is the land under the circumstances of the plaintiff, B, and C. Therefore, the registration of ownership preservation and the registration of ownership transfer of this case shall be cancelled as the registration of invalidation of cause. Therefore, the defendant is obligated to implement the registration of ownership transfer between the plaintiff, B, and C, who is the inheritor of the deceased, for the land before the division of this case (in the case of the land after the division of this case, the land which is the heir of the deceased, 1, 2, 3, 4, 5, 6, 7, 9, 10, 10, 11, 12, 13, 14, 14, 15, and 734 square meters of the land before the division of this case, each of which is one-third portion of the land before the division of this case (the land before the division of this case, which is the land before the division of this case).

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