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(영문) 춘천지방법원속초지원 2014.09.24 2013가단50451
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence of 1 to 8, Eul evidence of 1 to 3 (including additional numbers) and the whole purport of the pleadings:

433 square meters before Gangwon-gun I (hereinafter “the land before the division of this case”) is the land that the deceasedJ (hereinafter “the Deceased”) was determined by the Joseon Land Investigation Ordinance.

The above Gangseo-gu K was changed to "Seoul-gun K" due to the change of administrative district.

B. As to the land before the division of this case, Yangyang-gun (hereinafter referred to as the “Yyang-gun”) completed the registration of ownership preservation on October 17, 1962 (hereinafter referred to as the “registration of ownership preservation”). On January 1, 1963, the Defendant transferred the above land and the LMyeon office, which is the above land and the above building, from Yangyang-gun, and completed the registration of ownership transfer under the Defendant’s name (hereinafter referred to as the “registration of ownership transfer”) on September 13, 1963.

C. The land before the instant partition was divided into each land listed in the separate sheet (hereinafter “instant land”). D.

The plaintiffs are descendants of the deceased.

2. Determination

A. The summary of the plaintiffs' assertion 1) The land before the division of this case, which caused the plaintiffs' claim, is the land in which the deceased, who is the fleet, was in the situation, and thus, the registration of ownership preservation and the registration of ownership transfer of this case shall be cancelled as the registration of invalidation of the cause for the registration. Therefore, the defendant is obligated to implement the registration procedure for ownership transfer registration based on the recovery of each of the inheritance shares in the annexed inheritance shares of the deceased, including the plaintiffs, to each heir in the heir column, among the inheritance shares of the deceased. 2) The defendant's assertion M sold the land before the division of this case to N, and both Yang-gun exchanged exchanged the land before the division of this case between N and Yangyang-gun on August 1953.

Afterwards, Yangyang-gun shall have Lindon Office on the ground of the above land.

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