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(영문) 의정부지방법원 고양지원 2018.05.09 2017가단91765
소유권말소등기
Text

1. As to the Plaintiff: (a) with respect to the volume of 198 square meters prior to D in Pakistan-si:

A. Defendant B is the main registry office of the U.S. High Government District Court of the Republic of Korea.

Reasons

The following facts may be acknowledged according to the overall purport of Gap evidence 1-1 to 4, Gap evidence 2, 6, 7, Gap evidence 3, and 8-1, 2, and the whole pleadings, and there is no counter-proof.

① The registration of transfer due to the restoration of H’s name, the domicile of which is the address, was completed on March 12, 1954 with respect to Goyang-si E (the current name of the administrative district shall be the “F”; hereinafter, the same shall apply) of 198 square meters (hereinafter referred to as the “instant land”) prior to D on March 12, 1954 on the grounds of the Goyang-si District Court’s Goyang-si District Court’s High Court’s receipt of No. 3455 on March 12, 1954 as the “Sale on December 5, 1948”).

② On September 15, 1968, H, the legal domicile of which was 1894, died and succeeded to part of the property of H, the next South son, and I died on January 23, 2017, and the Plaintiff succeeded to part of the property of H, the legal domicile of which was 1894.

③ As to the instant land, the registration for change of the indication of the registered titleholder in the name of Defendant C was completed as of November 20, 2006, No. 109769, which was received on November 20, 2006. Defendant C was the birth of 1933 and the permanent domicile of Defendant C is the J at the time of Pakistan.

The defendant C did not have any awareness of the existence of the land in this case before it, but the payment of the property tax was urged at the time of strike, and the registration of change of the indication was made.

As Defendant C obtained a loan from the Jeju Livestock Industry Cooperatives on the same day, the right to collateral security was set up on the land of this case with the maximum debt amount of KRW 52 million.

④ On August 19, 2010 upon the application for the said livestock consultation, a voluntary auction (this court K) was commenced on the instant land. Defendant B completed the registration of transfer of ownership as the receipt of the instant land on March 31, 201 by the High Government District Court of the Republic of Korea, which was awarded a successful bid in the process of voluntary auction, and the High Government District Court of the Republic of Korea (Seoul District Court of the Republic of Korea), 2174

According to the above facts of recognition, H, the nominal owner of the restoration registration of the instant land, is the Plaintiff’s assistance, and Defendant C, the nominal owner of the alteration registration, is deemed H and Dong name, the Plaintiff’s assistance, and thus, is above Defendant C’s name.

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