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(영문) 광주지방법원 순천지원 2021.01.14 2020가단72048
소유권말소등기
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On June 28, 1918, the Plaintiff’s lighting nets H (Death on November 2, 1951) was assessed on the instant real estate No. 1.

B. On December 31, 1993, Defendant C completed the registration for the preservation of ownership (hereinafter “the preservation of ownership of this case”) in accordance with the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate under the guarantee of I, J and K [Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate Act (No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

Since then, Defendant D completed the registration of the transfer of ownership on November 14, 2019 due to trade on September 8, 2019.

(c)

The real estate No. 2 was owned by the deceased L. The defendant C completed the registration of transfer of ownership under the Special Measures Act under the guarantee of I, K and J on April 12, 1995 with respect to the real estate No. 2 of this case on February 25, 1985 (hereinafter “registration of transfer of ownership of this case”). The registration of preservation of ownership of this case and the registration of transfer of ownership of this case are combined with the registration of transfer of ownership of this case.

Since then, Defendant E completed the registration of the transfer of ownership on September 6, 2019 due to trade on August 28, 2019.

[Reasons for Recognition] Unsatisfy, Gap Nos. 1 through 5, Eul Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff’s assertion was made by the Plaintiff, the Plaintiff inherited the instant real estate No. 1; the Plaintiff inherited the said real estate through his father M; from November 2, 1951, M acquired the prescription by occupying the instant real estate No. 2 from November 2, 1951 (the Plaintiff asserted that M occupied the KRW 1,223 square meters of the entire area, and specified the instant real estate in the ratio of the area occupied among the entire area). Defendant C’s arbitrary completion of each of the instant registrations, and thereafter, Defendant D and E’s registration completed the registration of ownership transfer of the instant real estate No. 1 and 2 from Defendant C.

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