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(영문) 의정부지방법원고양지원 2017.07.20 2016가단88748
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land cadastre No. 595 was originally the land in which the net H was located, and the land cadastre No. 407 square meters, part of the above land, was restored on September 30, 1964.

(B) The owner of the above ledger shall state that the owner has transferred in sequence to the deceased H, J, and K.

on October 29, 1964, K completed the registration of preservation of ownership in accordance with the former Act on Special Measures for the Transfer of Ownership of General Farmland (Act No. 1657, Sept. 17, 1964) on the first 407.

C. The above I reply 407 square meters and Papju 565 square meters were combined by the farmland improvement project on January 10, 1978, and F. F. F. F. F. F. F. F. 123 square meters following the change of administrative district and conversion of the area (hereinafter “this case’s land”). D. F. F.P. 3712 square meters (hereinafter “this case’s land”).

Following the death of K, the instant land was completed in the name of Defendant C, D, and Non-Party M due to inheritance due to the consultation division on December 7, 2010, and Defendant E donated M shares, and at the same time, Defendants are currently registered as co-owners of the instant real estate.

【Unsatisfy-founded facts, Gap 9, 11, and 12's each entry (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 407 No. 1, which is part of the land of this case, was revealed to be the land by which the deceased Cho, who was a captain of the plaintiff's ship, had been affected by the circumstances. The registration of preservation of ownership in the name of the deceased K, is a registration of preservation based on the land cadastre arbitrarily restored, and its estimated power is broken and the cause becomes null and void. Thus, the defendants, who are the holders of the ownership in the land of this case, are obliged to recover the real name in accordance with the ratio of the plaintiffs' share among the land of this case

B. (1) Registration of preservation of ownership under the Act on Special Measures for the Registration, etc. of Transfer of Ownership of General Farmland is presumed to be registration in accordance with the substantive legal relationship formed in accordance with the lawful procedures stipulated in the same Act, and its presumption of capacity.

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