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(영문) 수원지방법원여주지원 2019.01.31 2018가단52056
소유권이전등기
Text

1. The defendant shall restore the authentic title of each part of each land listed in the separate sheet to the plaintiffs.

Reasons

1. Facts of recognition;

A. D, as the part of the Plaintiffs’ increase in number, was subject to the assessment of five thousand single single single single single single single single single single single single single 3 square meters (50,876 square meters, hereinafter “assessment land”).

The assessment land has become each land indicated in the separate sheet (hereinafter referred to as "each land of this case"), etc. after several subdivisions, registration conversion, etc.

B. On October 31, 1970, F, G, H, I, J, and K (hereinafter “F et al.”) completed registration of preservation of ownership (hereinafter “registration of preservation of this case”) under the former Act on Special Measures for the Registration of Forest Ownership (Act No. 2111, Jun. 21, 1969; hereinafter “instant Special Measures”), with respect to each of the instant lands on December 1, 2001, the Defendant completed registration of transfer of ownership (hereinafter “registration of preservation of this case”).

C. D A deceased on January 13, 1929, and L, his funeral, (the death of July 9, 1956) and M, his funeral, succeeded to his own property in succession. As M died on March 11, 1994, the Plaintiffs, their children, jointly succeeded to their property.

[Evidence Evidence: Evidence No. 1 to 8, 10, 11, 23 through 26 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, as long as there exists a separate title holder of each of the lands of this case, the preservation registration of this case on each of the lands of this case is null and void by reversal of the presumption power, and the registration of transfer in the name of the defendant based on the above preservation registration is null and void.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the restoration of real name with respect to each of the shares of 1/2 of the plaintiffs' shares in each of the lands of this case to the plaintiffs, who are co-inheritors of the network D.

B. One of the Defendant’s defenses is the first time before the assessment of each of the instant lands is made.

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