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(영문) 창원지방법원마산지원 2015.11.19 2014가단7622
소유권이전등기
Text

1. The plaintiff's respective claims against the defendant B and Korea and the main and ancillary claims against the defendant C are all made.

Reasons

1. Facts of recognition;

A. On September 29, 1989, the Young-gun G district improvement project commenced around 1987, and completed a replotting disposition (hereinafter “instant replotting disposition”) with authorization for a replotting plan under the above project.

B. The land located within the pertinent business district, which was owned by the owner on the register, prior to H, Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter “the land prior to the instant land substitution”), but was replaced by the FY-gun, Gyeong-gun, Gyeong-gun (hereinafter “the land subsequent to the instant land substitution”) according to the said land substitution plan.

C. The above I is the J that died on September 9, 1953 (hereinafter “the deceased”), and the plaintiff is the father of the J.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 4 evidence (including paper numbers), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is the deceased’s sole heir, who is the owner of the land before the instant land substitution without the Plaintiff’s consent, and a replotting disposition regarding the said land is null and void, and the registration of transfer of ownership as to the (a), (b), and (c) portion of the claim corresponding to the land before the instant land substitution is null and void according to an invalid replotting disposition.

However, since the owner was changed after the transfer registration of ownership according to the replotting disposition, the current owner is demanding the defendants to implement the registration procedure for transfer of ownership based on the restoration of real name in the above part.

Preliminaryly, K, who is not the deceased’s heir, completed the instant land after the instant land substitution according to a replotting disposition, is null and void, and Defendant C’s ownership transfer registration is also null and void. As such, Defendant C is obligated to implement the registration procedure for ownership transfer registration on the land after the instant land substitution to the Plaintiff based on the restoration of real name.

3. The Plaintiff is premised on the deceased’s sole inheritance of the land before the instant land substitution.

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