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(영문) 부산지방법원서부지원 2020.01.15 2019가단107324
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On October 4, 1956 with respect to the land of this case, Seo-gu Busan Metropolitan City, Seo-gu, Seo-gu, Busan Metropolitan City (hereinafter “instant land”), the registration of ownership transfer for shares of 1/25 shares as co-owners of the Defendant, D, and 23 others (the priority number A of the instant land closed register) was completed.

B. Since then, the registration of transfer of ownership in E and F name was completed in the order No. 28 of the land closure register No. 28 of the instant land. The phrase “(i) equity transfer, No. 5398 of the receipt, April 17, 198, the cause No. 21, April 21, 1960, 4/5 of the co-owner’s equity interest, 1/25 of the co-owner’s equity interest, and 1/5 of the share No. 25,” and there is no indication of the part indicated by the transferor.

C. On October 24, 2003, the registrar indicated the Defendant and D as the co-ownership right holder of each 1/25 co-ownership share in the process of computer processing the closed register on the instant land. The subject of the transfer of the previous co-owner E shares before the previous register No. 28 was unclear as one of the D shares and the Defendant shares, and stated as “electronic transfer pursuant to Article 144-2(2) of the Enforcement Rule of the Registration of Real Estate Act.”

E. Since then, the registration of transfer of ownership in G name was completed on March 11, 2013 with respect to the shares in the above 1/25 shares in D name due to inheritance due to a division held on May 8, 1966.

The shares in E and F are transferred in order, and currently owned by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The registration officer in charge of the Plaintiff’s assertion indicated the Defendant and D as the co-owned share holder of each of the 1/25 shares in the process of computerized transfer of the closed register of the instant land, and stated that “The object of the transfer of co-owner E in the previous register No. 28 prior to the previous register No. 28 is unclear as one of D shares and the Defendant’s shares, thereby making a computerized transfer pursuant to Article 144-2(2) of the Enforcement Rule of the Registration of Real Estate Act, but thereafter, inheritance of 1/25 shares in D name on March 11, 201

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