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(영문) 서울중앙지방법원 2019.10.02 2018가단5278354
소유권말소등기
Text

1. The defendant Republic of Korea shall make a registration office of Suwon District Court with respect to the land size of 142 square meters in Yeongdeungpo-gu Seoul District Court B, Young-gu, the plaintiff.

Reasons

1. The name of the administrative district and the combination of other land as a result of the change of the name of the administrative district and the housing site development project, which shall be no more than 142 square meters in Pyeongtaek-gu B;

(hereinafter “instant land”). On June 13, 1941, Nonparty D completed the registration of transfer of ownership on the instant land due to the family inheritance on February 10, 1938.

Defendant Republic of Korea completed the registration of ownership transfer based on the reversion of rights on September 11, 1948 with respect to the land of this case on September 23, 1998. Defendant Korea Land and Housing Corporation completed the registration of ownership transfer based on consultation on November 27, 2001 with respect to the land of this case on December 8, 2001.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiff's assertion is the same as the non-party E, who was the owner of the land of this case, and the defendant Republic of Korea completed the registration of transfer of ownership without any legitimate title with respect to the land of this case, so the registration of transfer of ownership with respect to the land of this case by the defendant Republic of Korea and the defendant Korea Land & Housing Corporation as its successor shall be cancelled. One of the successors of this case is the co-owner of the land of this case, who is the co-owner of this case.

B. On June 13, 1941, D had completed the registration of transfer of ownership on the land of this case on the ground of family inheritance on February 10, 1938, as seen in the above basic facts. In full view of the entries and the whole purport of arguments in the evidence Nos. 3-1, 2, and 3, E, which was computerized and arranged as of November 14, 2005, the Plaintiff’s father E was F, and the Plaintiff’s father E was married to Australia on behalf of the husband who had already died prior to the death of father G, the former Australia, and the permanent domicile was the first person at the time of Suwon.

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