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(영문) 수원지방법원 2020.10.22 2019나95208
소유권말소등기
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. On November 27, 1945, the Plaintiff’s first-friendly E completed the registration of ownership transfer with respect to the land before the subdivision of the case (hereinafter “instant land before the subdivision”).

B. Article 5(1) of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3159, Dec. 6, 1978; hereinafter “former Act”) (1) Article 5(1) of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3159, Dec. 6, 1978; hereinafter “former Act”) (1) Article 5(1) of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3159, Oct. 23, 1980) 1.

(2) A report or application under paragraph (1) shall be accompanied by a certificate of guarantee under Article 10.

On April 29, 2016, the instant land prior to the subdivision was re-divided into the said J-719 square meters and the said N-16 square meters and the said O-339 square meters on April 29, 2016.

In order to apply for registration under this Act, a person who actually takes over unregistered real estate from an owner on the registry, a registered titleholder of the ownership or his heir, and a person who actually takes over the real estate that has already been registered from an owner on the registry, shall obtain a written confirmation from the competent authority in order to apply for registration under this Act.

(2) Any person who intends to obtain a written confirmation shall file an application with the competent authority of the registry, along with a certificate of at least three persons commissioned by the head of a Si/Eup/Myeon from among persons residing in the Ri/Dong in the location of the relevant real estate for a period prescribed by

The letter of guarantee attached to the above written application for subdivision (hereinafter referred to as the "written guarantee of this case") shall be as follows.

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