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(영문) 창원지방법원 2019.07.11 2018나50885
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. I shall attach on May 16, 1917, attached hereto.

2. (1) Real estate listed in paragraph (1) (hereinafter referred to as “real estate 1 of this case”) and attached Form February 1, 1919

2. (2) Each of the real estate mentioned in the port (hereinafter “second real estate”) was assessed.

B. The deceased J completed the registration of the Changwon District Court with respect to the real estate No. 1 in this case as of April 11, 1984 and the registration of the said real estate No. 2 in accordance with the Act on Special Measures, etc. for the Transfer of Real Estate Ownership (Act No. 3094) as to the registration of the said real estate No. 2 in accordance with the same registration and the receipt of the said Act No. 9919 on April 11, 1984.

C. The J died on August 16, 2005, and there was Defendant C and his children, D, E, F, G, and H as the inheritee.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 7, 10, 13 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion I, married with K, had L, M, N (Nam),O, P, and Q (Nam) in their own way. At the time I died, South N, and South Q (Seoul) were killed in their unmarried status and succeeded to Australia.

I had T with the wife, and T had a marriage with the net A (Death on July 17, 2018) and the Plaintiffs and the net V (Death on March 20, 2001).

K had a large number of knishers manage the graves and property of a vessel due to the lack of knishers.

In the event of the death of T on August 16, 1971, K donated each of the instant real estate to the Network A, the wife of T on December 20, 1975, and the network V (hereinafter referred to as “the network A, etc.”).

J made registration of preservation of ownership in accordance with the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate in around 1984 without any title to each of the instant real estate.

Therefore, since the above registration of preservation of ownership is invalid, the defendants are obligated to cancel the above registration of preservation of ownership to the plaintiffs who are the true right holder.

B. Determination 1 Plaintiffs are the Defendants.

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