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(영문) 서울서부지방법원 2015.01.22 2014가단25194
소유권이전등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 20, 1971, the registration of ownership preservation was made in the name of Hongsung-gun, Hongsung-gun with respect to 23,917 square meters of forest land in Chungcheongnam-gun. On September 21, 1998, the registration of ownership transfer was made in the name of the defendant on April 4, 1997.

B. Of the 23,917 square meters of farmland C, 23,722 square meters, 23,722 square meters of land in Chungcheongnam-gun, Hongsung-gun: (i) the cemetery 195 square meters in Hongsung-gun; (ii) 195 square meters in the F way in the Hongsung-gun, Chungcheongnam-gun, Hongsung-gun; (iii) 400 square meters in the ditch in Chungcheongnam-gun, x 23,722 square meters in each of them was divided and changed.

C. E died on March 9, 2004, and the Plaintiff is the heir as the adopted child of E.

The Plaintiff asserted against the Defendants that the registration of transfer in the name of the Defendant as to the above real estate (hereinafter “each of the instant real estate”) should be cancelled as the ground for invalidation, by filing a lawsuit claiming revocation of the registration of transfer of ownership with the Daejeon District Court Hongsung Branch 2006Kadan6607. However, on December 8, 2006, the judgment of dismissal was rendered by the court of first instance on December 2006.

On May 25, 2007, the Plaintiff appealed by the Daejeon District Court 2007Na574, which was dissatisfied with the judgment of the court of first instance, but was sentenced to the dismissal of appeal on May 25, 2007, and appealed by the Supreme Court Decision 2007Da41751, but the judgment of the court of first instance became final and conclusive on August 20, 207, upon being sentenced to dismissal of appeal on the ground of a non-trial hearing.

[Basic Facts] Facts without dispute, Gap evidence 1 to 4 (including paper numbers), Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. (1) The plaintiff asserted by the party concerned that the title trust agreement between the defendant and E was null and void, and thus, each of the instant real estate was owned E. The defendant applied for a clan registration without any legal cause on September 21, 1998, and obstructed the plaintiff's registration of transfer of ownership by completing the registration of transfer of ownership under the defendant's name on April 4, 1997.

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