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(영문) 전주지방법원 2016.08.18 2014가단7935
소유권말소등기
Text

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

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

Reasons

1. Basic facts

A. On April 4, 1936, the instant land was registered for transfer of ownership under the name of J on its own name, and on August 13, 2013, B, which was its children, completed the registration for transfer of ownership on the ground of inheritance by agreement and division as of February 9, 1996, and Defendant C, who was its children on the same day, completed the registration for transfer of ownership by reason of donation as of August 9, 2013.

B. On July 9, 1965, the Plaintiff obtained approval for the use of a wooden field, roof single-story housing, 45.36 square meters, 18.48 square meters in a single-story warehouse of an affiliated building, 31.36 square meters in a wooden roof, 31.36 square meters in a warehouse of a wooden roof one-story, and 15.12 square meters in a warehouse of a soil brick, a stone-protruding machine, and a 15.12 square meters in a single-story roof (hereinafter collectively referred to as the “instant building”).

From around that time, the Plaintiff owned the instant building, and completed the registration of ownership preservation on November 2, 2006, and completed the registration of ownership transfer on November 9, 2006 to K for sale and purchase. On August 27, 2013, the Plaintiff acquired the registration of ownership transfer due to sale from K for sale and owned the instant building until now.

C. B died on March 28, 2014, and the Defendants, their spouse and children, succeeded to them.

[Based on recognition] The descriptions and images of Gap evidence 1-3 and 6 (including paper numbers; hereinafter the same shall apply), Eul's testimony, the result of the survey and appraisal entrusted to the Jinanchi Office of the Korea Land and Information Corporation, the purport of the whole pleadings

2. Since the Plaintiff’s husband purchased the instant land around February 9, 1965 and around July 9, 1965, the Plaintiff occupied the instant land by constructing the instant building on the said land. As such, B, who inherited the instant land from J on February 9, 1996, was obligated to implement the procedure for the transfer registration of ownership on the instant land on July 9, 1985 with respect to the Plaintiff.

However, in order to avoid the obligation to transfer the ownership to the plaintiff, B shall make a donation to the defendant C, who is the son of the land in this case.

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