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(영문) 광주지방법원 2016.06.29 2015가단524584
소유권이전등기
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The instant land was originally owned by E.

B. E died on May 3, 1970, and the inheritor has the Plaintiff A and B, who is his spouse, as his spouse.

C.F made the registration of ownership transfer on August 30, 1978 as the receipt of the Gwangju District Court No. 10288 on the ground of sale on February 5, 1971 with respect to the instant land for which ownership transfer had been made in the future E. D.

The F died on March 30, 2015, and the Defendant, the F’s spouse, was registered for the transfer of ownership on April 27, 2015 as the receipt of the Gwangju District Court No. 104264 on the ground of inheritance by agreement and division.

[Reasons for Recognition] Facts without dispute, Gap 1-4 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 7, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs E did not sell the land of this case before birth, and the plaintiffs, the inheritor, did not sell the land of this case.

Moreover, E had already died on May 3, 1970, and F had the ownership transfer registration on the instant land due to sale on February 5, 1971.

Therefore, the registration of transfer of ownership in F’s name on the land of this case is the registration of invalidation of cause, and the registration of transfer of ownership in the name of the defendant based on this is also null and void.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership for the restoration of real name in relation to the share of 2/5 of the land in this case and the share of 3/5 to the plaintiff B.

B. Defendant F purchased the instant land from Plaintiff A.

Since F and the defendant, as his bereaved family members, occupy the land of this case as the intention to own it for about 40 years, the acquisition by prescription was completed.

Since the ownership transfer registration under the name of the defendant with respect to the land of this case is valid registration consistent with the substantive legal relationship, the plaintiffs cannot comply with the plaintiffs' request

3. Determination

(a) the estimated history of the registration;

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