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(영문) 서울중앙지방법원 2016.10.07 2015가단5322502
소유권말소등기
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments as to Gap evidence Nos. 7, 8, 10, 11, 12, 13, and 14, it can be acknowledged that the registration of ownership transfer has been completed in the name of H on July 30, 1969 by the Seoul Central District Court Registry No. 19763, May 31, 1954, the registration of ownership transfer was completed in the name of H on the ground of sale and purchase on July 30, 1969. As to the combined real estate of 17.1 square meters among the real estate listed in the attached Table No. 1 of the attached Table No. 1, the Seoul Central District Court’s registry office of the Seoul Central District Court No. 2647, Jan. 22, 1985; and Oct. 22, 1984.

2. Determination as to the cause of action

A. 1) On December 6, 1945, I acquired each of the instant real estate from the U.S. military administration, which was the hostile Family, by acquiring the instant real estate from the U.S. military administration. 2) I had the Plaintiff, K, and L between J. On February 3, 1937, J died. I died on October 17, 1950, and K and L died.

6. It was missing in the course of 25 War.

On the other hand, the network I had Defendant B and M with the de facto related person H, and H died around August 5, 2015, and Defendant C died between Defendant C, E, F, and G.

3) The registration of transfer of ownership was completed with respect to each real estate of this case for which the deceased person in de facto marital relationship He was not the deceased I on July 30, 1969. However, since the reason for registration of transfer of ownership was stated as sale on May 31, 1954, the deceased on October 17, 1950, it was impossible for the deceased H to purchase each of the real estate of this case from the deceased I. The registration of transfer of ownership was completed after 15 years from the date of registration, and it is entirely impossible for the deceased H to purchase each of the real estate of this case, and the registration of transfer of ownership under the deceased name is the registration of invalidation of the cause for the above transfer of ownership, in light of the fact that the Defendants, the heir of the deceased, were the Plaintiff, who is the real right holder.

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