Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D on July 7, 1927, with respect to the registration of ownership transfer on July 7, 1927 (hereinafter “pre-registration of ownership transfer”) with respect to the 43,579 square meters (hereinafter “instant real estate”), Gangwon-gun, Gangwon-gun, Gangwon-gun, the registration of ownership transfer on the same day, and the network F on April 20, 1932, completed the registration of ownership transfer on the grounds of sale.
In the register of the preceding preservation registration of this case, the size of the land of this case is stated as the “4th 3rd 9th mix.”
B. The deceased on Feb. 22, 1959, and the deceased on Feb. 22, 1959, the deceased on G succeeded to Australia.
The deceased on September 8, 1994, and his heir died on September 1, 1994, and there were the Defendant (Appointed Party), Ha, J, K, and L, who is his spouse H, children, but H died on July 4, 1995.
C. Meanwhile, on July 24, 1956, the registration of preservation of ownership of the instant real estate in the name of G is "registration of preservation of ownership after the instant case".
) After completion of the registration of ownership transfer, M&A, N, andO have been completed in sequence, but the Plaintiff completed the registration of ownership transfer on the grounds of sale on September 30, 2010. [The purport of each description of evidence A and all pleadings, based on recognition, are as follows.]
2. The gist of the Plaintiff’s assertion is that the deceased G, the nominal owner of the next preservation registration, is the deceasedF’s Australia heir, and completed registration of ownership transfer of the instant real estate in duplicate, despite having to register the ownership transfer of the instant real estate at the time.
However, the registration for follow-up preservation of this case and the registration for transfer of ownership in the name of the plaintiff based thereon are consistent with the substantive legal relationship, and there is no third party having interests in the register.
Therefore, the Plaintiff seeks from the Defendant (Appointed Party) the cancellation of the registration of ownership transfer, etc. of the instant real estate as stated in the purport of the claim.
3. Determination
(a) If a registration of initial ownership has been made differently from the person under whose name the same real estate is registered, the first registration of initial ownership shall be made.