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(영문) 청주지방법원 영동지원 2021.01.15 2020가단4576
소유권이전등기
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The title relationship of the instant real estate 1) was owned by the original network I (hereinafter “the Deceased”). The real estate of this case was completed on June 8, 1981 by the deceased J pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 3094, Dec. 31, 197; hereinafter “former Real Estate Ownership Registration Act”).

2) The deceased J died on May 6, 200, and on July 22, 2019, Defendant B, C, D, E, and F, the heir of the deceased J, completed the registration of transfer of ownership on the ground of inheritance by agreement division with respect to one fifth of each of the instant real estate.

B. The title relationship of the instant 2 real estate was the first deceased’s ownership. Defendant G completed the registration for the preservation of ownership on October 20, 1980 pursuant to the former Real Estate Ownership Registration Act.

(c)

1) The title relationship of the instant 3 real estate was the first deceased. The instant 3 real estate was owned by the deceased, and the deceased K completed the registration of ownership preservation on July 24, 1981 in accordance with the former Registration Act.

2) The network K died on January 18, 200, and Defendant H, the inheritance of the network K, completed the registration of ownership transfer on August 5, 2002 due to the consultation division as to the instant three real estate on August 5, 200.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the former Act on the Registration of Real Estate Ownership is in force, and the completion of the registration for the preservation of ownership invalidation of the cause of each of the instant real estate is completed, along with the network L, network M and N falsely prepared as if they actually acquired each of the instant real estate from the deceased, accompanied by a false confirmation document, etc. The Plaintiff, who is the inheritance of the deceased, seeks judgment against the Defendants, such as the statement of the purport of the claim.

3. Determination

(a) If the ownership of the previous real estate has been preserved by the previous Registration Act, the registration shall be prescribed by that Act;

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