2016da 18342 De-registration of ownership transfer, etc.

A

1. B

2. Toysia:

January 17, 2017

January 31, 2017

1. The plaintiff's claims against the defendants are all dismissed.

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

The Plaintiff: (1) Defendant B performed the procedure for registration of cancellation of each ownership transfer registration completed on May 10, 1965 with respect to the registration of cancellation of each ownership transfer, which was completed on May 10, 1965 by the Jeonju District Court’s registry office, No. 15579, with respect to the registry of Jeonju-gun, Jeollabuk-gun, Jeollabuk-do, and the registration of cancellation of each ownership transfer registration, which was completed on June 17, 1997, with respect to the portion (A) of 441 square meters in sequence in sequence of Nos. 1, 2, 3, 4, and 1 of the attached drawing among the registry of the 4,192 square meters in Jeonju-gun, Jeollabuk-gun, Jeollabuk-do.

1. Basic facts

A. On October 24, 1914, Nonparty F, the Plaintiff’s increased portion of Nonparty F, was found to have been at least 333 square meters (hereinafter “the land before the instant subdivision”). The Defendant B completed the registration of ownership preservation on the land before the instant subdivision in its name, under the Act on Special Measures for the Registration, etc. of Ownership Transfer of General Farmland, in accordance with the former District Court Decision No. 15579, May 10, 1965, pursuant to the Act on Special Measures for the Registration, etc. of Ownership Transfer of Farmland.

B. Meanwhile, on March 21, 1991, the land prior to the instant subdivision was changed to the land category of C large 1,101m, and was converted into the area unit. On June 17, 1997, E large 41m2 and D large 261m2, and the area was reduced to 39m2 per annum of the same Ri.

C. However, on June 17, 1997, the day of division, as seen above, the registration of ownership transfer was completed in the name of Defendant Tonju-gun with the receipt of indictment from the Jeonju District Court on the ground of a public land consultation on June 17, 1997. After the land classification was changed to 202, 5, 29 square meters on October 14, 2009, into 796 square meters on G road, H. 119 meters, 542 square meters, J. 2, 294 square meters, and J. 2,294 square meters, the area was 4,192 square meters on G road.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Summary of the Plaintiff’s claim of this case against the Defendants

The registration of the preservation of ownership in the name of Defendant B was made on the basis of a false certification. The registration of the preservation of ownership in the name of Defendant B was made on the land prior to the division of this case. The registration of the transfer of ownership in the name of Defendant B, which was divided from the land prior to the division of this case and was later merged, was made on the basis of the registration of the preservation of ownership in the name of Defendant B, which was null and void. Thus, the Plaintiff is obligated to cancel the registration of each registration of the cancellation of ownership preservation on May 10, 1965, which was completed by the Jeonju District Court No. 1579 on May 10, 1965, with regard to the registration of the ownership preservation on the land prior to the division of this case, which was completed on the basis of the registration of the ownership transfer in the name of the former Special Self-Governing City, Jeollabuk-do, Seoul Special Self-Governing Province.

B. Determination

Therefore, there is no evidence to acknowledge that the registration of preservation of ownership in Defendant B’s name on the land before the division of this case was made based on a false certification. Thus, the Plaintiff’s claim against the Defendants against the Defendants is without merit without further examination as to other issues.

3. Conclusion

The plaintiff's claim against the defendants is dismissed in entirety for reasons.

Judges Lee Dong-won

A person shall be appointed.