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(영문) 서울동부지방법원 2015.01.14 2014가합8569
소유권보존등기말소등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On July 26, 1965, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from B on July 26, 1965, and completed each registration of ownership transfer listed in the separate sheet 5 through 8 in the name of the Plaintiff on January 8, 1966.

After that, the registration of transfer of ownership was cancelled due to the fact that the registration was cancelled.

On December 29, 1983 and December 26, 1984, the defendant completed each registration of ownership preservation listed in the separate sheet 1 to 4 in the name of the defendant as to the real estate of this case.

[Ground of recognition] Evidence No. 1-1, 4, Evidence No. 2-1, 4, Evidence No. 3-1, 4, and Evidence No. 4-1, 4-4, and the purport of the whole pleadings

2. The Plaintiff’s assertion is the Plaintiff’s ownership. The Defendant illegally cancelled the Plaintiff’s real estate without any ground for each registration of transfer of ownership as stated in the attached list 5 through 8 of the Plaintiff’s name on December 29, 1983 and December 26, 1984, and completed each registration of preservation of ownership listed in the attached list 1 through 4 of the Defendant’s name.

As such, the plaintiff is presumed to be the owner of the real estate of this case even before the completion of the restoration registration, since each registration of ownership transfer in the name of the plaintiff was cancelled without any cause.

Therefore, since each of the above registrations of preservation of ownership completed in the name of the defendant is null and void, the defendant should selectively implement the procedure for registration of cancellation of each of the above registrations of preservation of ownership, and the procedure for registration of recovery of each of the above registrations of transfer of ownership in the name of the plaintiff who was cancelled, or implement the procedure for registration of ownership transfer

3. To seek the cancellation of registration of preservation of ownership in another person’s name, which was completed with respect to the real estate, as part of the exercise of the right to demand the cancellation of invalid registration, based on the ownership of the real estate.

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