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(영문) 창원지방법원 2017.06.22 2016가단114654
소유권이전등기
Text

1. Defendant D and E shall provide the Plaintiff with each real estate listed in attached Table 1.(1)(1)(b), 1.(1)(1)(ii), 1.(1)(1), 1.(2) and 2(2).

Reasons

1. Basic facts

A. K’s transfer registration of ownership (the death of January 26, 1968) had been completed with respect to the ownership transfer registration under the above K’s name with respect to the area of 327 square meters and 575 square meters (hereinafter “the instant land 1”) prior to M in Yangyang-si (hereinafter “the instant land 2”).

B. On July 24, 1978, upon application in the name of K that died at the time, the annexation of the land cadastre and the division of the Defendant was combined with the instant land Nos. 1 and 2 into L prior to L at the time of smuggling. On August 14, 1978, the said land was re-divided into three parcels, including L, 307 square meters, N, 118 square meters, and 477 square meters prior toO.

However, the above merger and division of the land cadastre were not registered in a certified copy of the register.

C. On February 14, 1979, P completed the registration of ownership transfer based on sale on October 29, 1972 as to the portion of 198/327 out of the land No. 1 of the instant case, Q completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration of Ownership, etc. of Real Estate (Act No. 3094, hereinafter “Special Measures Act”) for the portion of 129/327 out of the land No. 1 of the instant case on September 15, 1980.

(2) On February 14, 1979, R completed the registration of ownership transfer under the Act on Special Measures on the Grounds of Sale and Purchase on February 1, 1963 with respect to the 331/575 shares out of the land No. 2 of this case.

On March 10, 1980, Defendant C completed the registration of ownership transfer under the Act on Special Measures for the Development of Ownership (hereinafter “each of the instant transfer registrations in the name of P, Q, R, and Defendant B”) with respect to the share of 118/57 of the instant land among the instant land No. 2 on March 10, 1980, due to the sale as of March 19, 1973.

(3) On June 4, 1991, S completed the registration of transfer of ownership based on the inheritance by consultation and division on January 26, 1968 with respect to the remaining 126/5 shares of K out of the land No. 2 of this case.

The defendant C, etc. is subject to correction of registered matters of land cadastre.

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