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(영문) 서울중앙지방법원 2017.06.27 2016가단5218563
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. From April 1960 to April 1960, C resided in a house on three lots of land (including accessory facilities, such as a marina, garden, vain, compost, etc.; hereinafter “instant house”) with the land of 509m2, D large 245m2, E large 93m2, and 93m3m2 (hereinafter “instant land”), and died on March 26, 2013. The Plaintiff married with C around 1950 to 1951 and reported to marry on September 30, 1961, and succeeded to the possession of the instant house after C’s death.

B. Of the instant land, the part used as a site for the instant housing is the part of 468 square meters in the ship connected each point of the attached Form 16 through 27, 4 through 13, 15, and 16, which is part of 16,00 square meters in sequence. (hereinafter “the part of the instant land”).

C. Meanwhile, with respect to the instant land, the registration of ownership transfer in the F name was completed on the ground of the circumstances dated April 21, 1921 as of May 28, 1915, and thereafter, the registration of ownership transfer in the G name was completed on the ground of sale as of November 30, 1921, and the registration of ownership transfer was completed on the ground of sale as of November 30, 1921, following the procedures for the public announcement of non-owned real estate under the State Property Act.

7.4. The registration of transfer of ownership in the name of the defendant was completed on the ground of the reversion of the right. ② The registration of transfer of ownership in the name of H was completed on May 7, 1940 with respect to the D land, and the registration of transfer of ownership in the name of C arising from sale in the name of February 5, 1970 was completed in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate, which was enforced on January 30, 1981. ③ The registration of transfer of ownership in the name of C was completed on May 29, 192 for E land, and the registration of transfer of ownership in the name of C was completed on the ground of sale in the name of March 5, 1968 under the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate, which was enforced on January 28, 1981.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence 1 through 10, and 12 (including paper numbers), and measurement and appraisal of the branch offices of the Korea Land Information Corporation in this Court.

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