(영문) 광주지방법원 2015.03.27 2014나5094 | 리걸엔진

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(영문) 광주지방법원 2015.03.27 2014나5094

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The instant real estate was originally registered with E forest land E 2,294 square meters, which was divided from D forest land located in Jeonnam-gun, Jeonnam-gun, and was again divided into 1,032 square meters in the same Ri F, thereby remaining after being divided.

B. The real estate of this case was assessed around 1918 by G. The registration of ownership transfer was made in the name of the above G on January 17, 1939, the registration of ownership transfer was made in the name of H on January 24, 1939, the registration of ownership transfer was made in the name of "H on January 16, 1939," and the registration of ownership transfer was made in the name of co-owner I and J (1/2 of each share) on October 24, 1980 under the name of co-owner I and J (established by Act No. 3094, Dec. 31, 197) on the special measures for the transfer of ownership of real estate under the former Act on the Special Measures for the Transfer of Ownership, etc. (amended by Act No. 3094, Mar. 4, 1964); the registration of ownership transfer was made in the name of the former co-owner on August 11, 1983 under the name of "No. 5. 5.5.5.5.205.5."

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 4 through 6 (including each number, if any; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. On January 24, 1939, the Plaintiff’s assertion that the registration of ownership transfer was completed under the name of Do governor H with respect to the instant real estate was used as a separate name of the Plaintiff clan. Therefore, the instant real estate for which the registration of ownership transfer was made under H’s name is presumed to be owned by the Plaintiff clan. The instant real estate is deemed to be owned by the Plaintiff clan. Since the registration of ownership transfer under the name of I, J, K, L, and Defendant, which was completed after the registration of ownership transfer under H’s name, is invalid for the reason that all of the instant real estate is inconsistent with the substantive relationship, the Defendant

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