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(영문) 대전지방법원서산지원 2017.10.17 2017가단1419
소유권말소등기
Text

1. With respect to the Plaintiff, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 447 square meters, Defendant B, the Daejeon District Court, the Taean District Court, and the Taean District Court, on December 31, 1968.

Reasons

1. Facts of recognition;

A. D was under the assessment of the answer 1,297, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and completed the registration of ownership transfer on the above land on July 7, 1926, and the F completed the registration of ownership transfer in sequence on June 10, 1936, and G on May 31, 1941.

The above E land was divided into H or I on March 10, 1956.

B. On March 22, 1966, J completed the registration of transfer of ownership based on the completion of reimbursement with respect to the land divided as above, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Meanwhile, as seen above, with respect to 583 square meters (the size of September 6, 1980 is converted into 1,927 square meters, and the administrative district is changed to Haan-gun L on January 1, 1989; hereinafter “instant land”), M is completed on June 17, 1965; N is on September 6, 1980; P is on March 13, 1989; N is on March 13, 1989; P is on May 6, 199; P is on April 12, 200; and the Plaintiff completes the registration of ownership transfer in sequence on November 7, 2016.

C. Meanwhile, with respect to 447 square meters, the registration of ownership transfer was completed on December 31, 1968, while Defendant B completed the registration of ownership transfer based on the completion of repayment on December 31, 1958, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. Where a registration of initial ownership has been completed because the registered titleholder unlike the registered titleholder with respect to the same real estate, unless the registration of initial ownership does not become null and void due to the invalidity of cause, the registration of initial ownership shall be null and void in light of the legal principles of one real estate registration form.

(see, e.g., Supreme Court Decision 2010Da107064, Jul. 14, 2011). B

According to the above facts, the Plaintiff completed the registration of ownership transfer on the instant land, and the registration of ownership transfer on the registry, which was the basis of the Plaintiff’s registration of ownership transfer, was completed on July 7, 1926. Therefore, barring any special circumstance, the registration of ownership transfer in the name of the Defendants, which was completed with respect to the same parcel number as the instant land

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