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(영문) 광주지방법원 장흥지원 2018.12.19 2017가단3650
소유권말소등기
Text

1. The Defendant (Counterclaim Plaintiff) shall have the Gwangju District Court as to the real estate stated in attached Form 1 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of the defendant's clan was completed as of August 4, 1971 with respect to the real estate listed in attached Form 1 (hereinafter referred to as "real estate No. 1"), based on the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502 of Nov. 30, 1992; hereinafter referred to as the "Special Measures Act"), as of Feb. 24, 1995, No. 4112 as of Feb. 24, 1995 and Jan. 20, 1982, based on the sale under the name of the defendant's clan No. 4956, Dec. 30, 196.

B. With respect to the real estate listed in attached Form 2 (hereinafter “Attachment 2”), the registration of transfer of ownership in the name of the defendant clan was completed on May 8, 1973 as the receipt of No. 3216, Jan. 10, 1964, with respect to the real estate listed in attached Form 2 (hereinafter “Attachment 2”), and the registration of transfer of ownership in the name of the defendant clan was completed on February 24, 1995 as the receipt of No. 4111, Jan. 20, 1982 by the same registry office.

C. The F brought a lawsuit against the Defendant clan seeking cancellation, etc. of the registration of the transfer of ownership in the name of the clan, and the judgment of winning the land Nos. 1 and 2 became final and conclusive (Supreme Court Decision 2014Da3567, Gwangju District Court Decision 2016Na50791, Supreme Court Decision 2017Da20023). The Plaintiffs taken over the lawsuit following the death of F in the course of the above lawsuit.

The defendant clan completed the registration of ownership transfer as the receipt No. 2065 on March 21, 2016 for the reason of sale on February 11, 2016 with respect to the land No. 1 to Defendant E among the above lawsuit proceedings.

E. The Plaintiffs, based on the above final judgment, cancelled the registration of Defendant clan’s name, and completed the registration of ownership transfer based on the inheritance due to a consultation division under Plaintiff C’s name, sold on June 9, 2017 to G and completed the registration of ownership transfer on June 15, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, 12 are numbers.

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