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(영문) 창원지방법원마산지원 2016.09.28 2015가단105707
소유권이전등기
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 November 28, 1917, Nonparty E completed the registration of ownership transfer with respect to the land of this case on January 29, 1918, the non-party E completed the registration of ownership transfer with respect to the land of this case on which the non-party F completed the registration of ownership transfer on January 29, 1918.

B. Nonparty G, H, and I completed the registration of ownership transfer on January 15, 1929 with respect to each of one-third shares of the instant land on January 29, 1929.

C. Defendant B and Nonparty J completed the registration of ownership transfer on the ground of donation on February 5, 1972, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992) on January 23, 1995.

On October 31, 2005, Defendant C completed the registration of ownership transfer on September 1, 2005 with respect to one-half portion of the instant land owned by J on September 1, 2005.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to 4, and the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. For the following reasons, the Plaintiff asserts that the registration of ownership transfer under Defendant B with respect to 1/2 shares out of the instant land and the registration of ownership transfer under Defendant C with respect to the remainder of 1/2 shares and the registration of ownership transfer under Defendant C is invalid. Thus, the Plaintiff asserts that he/she seeks cancellation against the Defendants by subrogation of his/her successors who succeeded to the status of the deceased G, H and I as a title trustee.

(i) The Plaintiff purchased the instant land from F on January 15, 1929 and title trust the said land to G, H, and I. As such, the Plaintiff is the actual owner of the said land.

B. Defendant B and J do not have donated the instant land from G, H, and I on February 5, 1972. Thus, the registration of transfer of ownership in the name of Defendant B and J on each of the above land is invalid.

Fidelity, around January 195, the Plaintiff trusted the instant land to Defendant B and J, and the registration of transfer of ownership in the name of Defendant B and J as to each of the above land.

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