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(영문) 청주지방법원 영동지원 2018.11.09 2017가단918
소유권말소등기
Text

1. With respect to the Plaintiff: (a) 1,481 square meters prior to N in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do:

A. Defendant C shall have machinery such as the Youngju District Court’s Youngdong Branch Branch.

Reasons

1. Basic facts

A. On February 3, 1913, in the former land cadastre in the area of land cadastre of 1,481 square meters prior to the N of Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant land”), O received the said land on February 3, 1913, and P acquired the ownership on February 20, 1922, and Qu, R, S, and T acquired the ownership on February 28, 193.

B. The deceased R died on November 8, 1953, and the Plaintiff’s father U (Death on August 4, 1975) succeeded to Australia, and the networkV is the deceased’s child.

C. On April 25, 2007, the Defendant’s set aside the registration of ownership preservation (hereinafter “registration of this case”) under the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 8080, Dec. 26, 2006) was completed on the instant land by the Cheongju District Court No. 6732 for the receipt of machinery, such as Youngdong Branch Branch Branch, etc. (hereinafter “registration of this case”). On February 17, 2009, the Defendant completed the registration of ownership transfer (hereinafter “registration of this case”).

The deceased on May 22, 2016, the deceased on May 22, 2016, there were WW’s children, Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant G, and Defendant M, who were the deceased’s heir, who inherited W, who was the deceased’s spouse, Defendant H, Defendant I, and Defendant X’s spouse who inherited X on behalf of the deceased.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3 (including additional numbers), the court's Young-dong Office, and the fact-finding results on Z Office, the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. The registration of the preservation of the Plaintiff’s assertion 1 by the parties is completed based on a false letter of guarantee prepared by the networkV. The registration of the transfer of this case is based on the registration of the preservation of this case, which is the invalidation of the cause, and is also a registration of the invalidation of cause.

Therefore, the Defendant, a co-owner of the instant land, shall register the preservation and transfer of the instant land to the Plaintiff.

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