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(영문) 춘천지방법원속초지원 2015.01.21 2013가단4489
소유권보존등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Ten years in relation to the Plaintiff’s prior charter C (hereinafter “the deceased”) which caused the Plaintiff’s claim

7. Ten years of fire extinguishing in D’s name after purchasing from D on July 17, 199 the 826 square meters of Gangwon-gun B prior to D (hereinafter “instant land”).

8.8. After completing registration of ownership preservation, the registration of ownership transfer is completed in the name of the deceased on the same day.

However, the defendant, without any title, completed the registration of ownership preservation on the land of this case, and thus, the defendant is obligated to cancel the registration to the plaintiff as the sole heir of the deceased.

2. According to Articles 35(1) and 60(1) of the Registration of Real Estate Act, an application for registration shall be filed with a document attesting the grounds for registration. When the registration management is completed, the registration number, the date of application number, the number of copies of application, the order number, and the purport of registration number, and the registration number shall be stated in the document attesting the grounds for registration, and when the registration is completed, the registration shall be returned to a person entitled to registration by date of the registration. Thus, if the sale certificate proves that the registration number, the order of registration, the registration number, and the registration system under the above provision and the seal of the registry are affixed to the person entitled to registration, it shall not be deemed that the registration was submitted with a document attesting the time of the application for registration and the registration was returned to the person entitled to registration, barring any special circumstance. However, it is difficult to conclude that the registration of real estate indicated in the document has been completed at a time in accordance with the registration number and the registration number, and a copy of the application (see, e.g., Supreme Court Decision 98Da21953).

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