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(영문) 광주지방법원순천지원 2015.05.08 2014가단12861
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Since November 26, 1980, D owned E 476 square meters (hereinafter “real estate prior to the instant subdivision”) in total water at the time.

D deceased on January 4, 1984, D Co-Succession to the real estate of this case owned by D on January 4, 1984, and D’s wife Defendant and South-North (Co-owner’s heir), F (each inheritance share 3/12), G, H, and I (each inheritance share 2/12).

B. The Plaintiff, as a juvenile head, was residing in the East and Dual House, and was caused by typhoons in 1987, and as a result, the Plaintiff became unable to house due to typhoons, the J Village residents and the company’ mother were to build a new house on the land before the instant subdivision.

C. The Defendant received KRW 1 million from J Village Residents K, and sold the part of the land before subdivision of this case to the Plaintiff, so that the Plaintiff can use it as a new house.

On February 4, 1988, the Plaintiff received the registration of ownership transfer from the Defendant and other co-inheritors on the land before subdivision due to sale on February 3, 1988.

E. On April 7, 1993, the land before the instant subdivision was divided into 150 square meters for L, 150 square meters (hereinafter “instant L,”) and 326 square meters for the said M, and was registered on the land cadastre. On December 28, 1994, the said M, M, 326 square meters were divided into the said N, 198 square meters for the said N, 198 square meters (hereinafter “instant N,”) and the said C, 128 square meters for the said C, and registered on the land cadastre.

F.O completed the registration of transfer of ownership on May 24, 2006 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) due to sale on February 24, 191. The Defendant completed the registration of transfer of ownership on May 29, 2006 with respect to the instant disputing real estate pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005).

The letter of guarantee made on February 23, 2006 concerning the disputed real estate of this case is above.

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