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(영문) 서울중앙지방법원 2015.10.28 2014가단5116281
소유권이전등기청구 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the Plaintiff’s representative.

Reasons

1. Basic facts

A. As to the land indicated in the separate sheet (hereinafter “instant land”) 1, 2, and 3, the land survey division is indicated as follows: (i) the “Ari-ri (Si/Gun/Gu)” was assessed on October 20, 1915 in the Gangwon-do YY 481, October 20, 1915; (ii) the registration of ownership transfer in the name of the deceased Twit-gun on February 23, 1965 was completed, after the registration of ownership transfer was completed on October 17, 1985, the instant land was divided into the instant two land and the registration of ownership transfer in the name of the Defendant-do was completed.

After the division, the registration of ownership transfer in the name of the deceased U on June 13, 1990 with respect to the above S land was completed on April 26, 199, and the registration of ownership transfer in the name of the defendant B was completed on July 23, 2001.

After that, on October 22, 2001, the registration of the establishment of a neighboring establishment in the name of the agricultural cooperative of the defendant Sajin on the land 1 of this case was completed.

B. As to the instant land 4, 5, and 6, the Land Survey Division stated that the “Ari-Ri” was examined on November 19, 1915, as to the said land, on November 19, 1915, the Gri-gun V No. 1,833. 2) As to the said land, the registration of the preservation of ownership in the deceased W’s name on December 2, 1965, and the registration of the transfer of ownership in the name of Defendant F was completed on August 26, 1986.

After that, the above land was divided into 4, 5, and 6 of the instant land on July 11, 1990, and the registration of ownership transfer was completed on December 2, 1991 with respect to 5 of the instant land in the name of the Defendant Republic of Korea.

(The land 6 of this case is an unregistered state). 【No ground for recognition' exists, and described in Gap 3 through 7 (including each number).

2. The Plaintiff’s cause of the claim is a natural village, which is a community resident of Ariri village, and is the owner of each of the instant land.

Therefore, without any title, the execution of each of the procedures for the registration of ownership transfer on the instant land to Defendant B, Defendant Gangwon-do, Defendant F, and Defendant Republic of Korea on the grounds of the restoration of real names, and the execution of the procedure for the cancellation of the registration of the establishment of the above neighboring agricultural cooperatives.

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