beta
Text
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. D owned the instant land under the assessment on May 29, 1921, and died on May 7, 1956. He succeeded to the said land as a family heir. On November 5, 1971, E died on November 5, 1971, he succeeded to the said land by his children F, G, and H, and upon the death of G on July 8, 1980, he jointly succeeded to the shares inherited by his wife I, children J, K, L, M, and the Plaintiff.
B. Defendant B submitted a guarantee that he purchased and owns the instant land from J on October 25, 1984 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on May 26, 1995 (established by Act No. 4502, Nov. 30, 1992; hereinafter “instant Special Measures”), and completed the registration of ownership preservation on the instant land.
C. On May 23, 200, C purchased from Defendant B a building listed in Section 2 of the attached Table in an unregistered state on the instant land and its ground (hereinafter “instant building”) from Defendant B, and completed the registration of ownership transfer as to the instant land on May 24, 200.
C was declared bankrupt on June 15, 2015, while the instant lawsuit was pending, and W in bankruptcy of the Defendant Bankruptcy Debtor C, appointed as the bankruptcy trustee, took over the instant lawsuit.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 4 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion did not have sold the instant land to Defendant B, and C purchased the instant land from Defendant B, an unentitled person, and thus, C’s registration of preservation of ownership and registration of transfer of ownership in the name of Defendant B is null and void.
Since the Plaintiff is one of the successors of D, the assessment of the instant land, and thus, sought registration of preservation of ownership in the name of Defendant B and cancellation of registration of transfer of ownership in the name of Defendant C.
B. Defendant B asserted that the Defendants purchased the instant land from J on September 27, 1986.