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(영문) 서울중앙지방법원 2021.01.13 2020나24761
소유권이전등기
Text

The judgment of the first instance, including a claim selected by the appellate court, shall be amended as follows:

(a)..

Reasons

1. Basic facts

A. At the time of the instant land, which is the property devolving upon March 31, 1955, the Defendant was part of the Gyeonggi-gu G land at the time of the instant land. On December 21, 1970, the instant land was divided from the said G land.

B sold to D, and D paid in full the purchase price on April 13, 1959.

B. The Plaintiffs were children between the deceased E (hereinafter “the Deceased”) and F, and were residing in the housing constructed on the instant land (hereinafter “the instant building”) before October 20, 1968, the first resident registration card was made up on October 20, 1968 (the age at that time: Plaintiff A 15, Plaintiff B9).

(c)

Plaintiff

A has completed the registration of the preservation of ownership in respect of the building of this case, which had not been registered on August 27, 1980.

(d)

On February 20, 1993, the Defendant completed the registration for the preservation of ownership (hereinafter “registration for the preservation of ownership”) on the instant land.

E. The Deceased died on October 30, 1963, and F on February 2, 2004, respectively.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-4, 7-9, 11, 12, and 16, the purport of the whole pleadings

2. The plaintiffs' assertion

A. On August 28, 1962, D filed a claim for registration of transfer of ownership on the ground of real name recovery with full payment of the purchase price and acquired ownership of the instant land to H, and H sold it again to the Deceased.

Therefore, since the registration of ownership preservation in the name of the defendant is null and void, the defendant is obligated to implement the registration procedure for ownership transfer transfer on the land of this case to the plaintiffs, who are inheritances of the deceased.

B. After the Deceased’s purchase of the instant land on the ground of the completion of the prescription period, the Plaintiffs, their successors, occupy the instant land as their owners’ intent for at least 20 years from October 20, 1968, and thus, the Defendant is liable to implement the registration procedure for the transfer of ownership on the instant land.

(c)

D’s heir on behalf of the inheritor.

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