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(영문) 서울중앙지방법원 2019.05.23 2018가합569021
진정명의회복을 위한 소유권이전등기
Text

1. Defendant C Union shall support the Plaintiff with Suwon District Court regarding each real estate listed in the list (attached Form 1).

Reasons

1. As to the claim against the Defendant C Cooperatives

(a)the indication of the claim (attached Form 2) is as follows;

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the claim against Defendants B and D Co., Ltd.

A. The purport of the cause of the claim (attached Form 1), each of the real estate listed in the list (hereinafter collectively referred to as “each of the instant lands”) was the mother’s land Ew-gun, Gwangju-gun Ew-myeon 2,308 (hereinafter referred to as “the mother’s land of this case”) under the circumstances of the Plaintiff F.

The presumption of registration of preservation of ownership is broken if the fact that a person other than the title holder of the registration for preservation was found to have received the assessment of the land, so the registration of preservation of ownership in the name of Nonparty G concerning each of the instant lands becomes invalid.

Therefore, since the registration of ownership transfer in the name of G on each land of this case and the registration of ownership transfer in the name of Defendant B Co., Ltd. (hereinafter “Defendant D”) based on the registration of ownership transfer in the name of G on each land of this case are also null and void, the registration of ownership transfer in the name of Defendant D Co., Ltd. (hereinafter “Defendant D”) is also null and void, the Plaintiff, and the Defendant B is obligated to implement the registration procedure of ownership transfer based on the recovery of real name as to each land of this case

B. 1) The Land Survey Board drafted in the Japanese colonial era is indicated as the assessment of the mother land of this case on October 20, 191 by the I, who had an address in the Gyeonggi-gun Hdong on October 20, 1911. 2) Thereafter, the mother land of this case became as follows through division, unit conversion, unit conversion, change of administrative district name, change of land category, etc.

On March 10, 1965, G in each of the instant land divided on February 15, 2001, G in the 1,486 Gyeonggi-gun, Gwangju-gun, Gwangju-gun, G in the division on March 10, 1965, as the receipt of the Suwon District Court's Sung-nam Branch Office for the 1,486 G in the GJ case on April 29, 1965, as the receipt of the Suwon District Court's Sung-nam Branch Office for the 7155 Gu general farmland ownership transfer registration.

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