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(영문) 수원지방법원 성남지원 2021.03.18 2019가단216069
소유권말소등기
Text

1. As to the Plaintiff, among the 10,512 square meters of G forest land in Gwangju City, Defendant B shall share 3/66, Defendant C, D, E, and F, respectively.

Reasons

1. Basic facts

A. On December 20, 1971, with respect to G forest 10,512 square meters (hereinafter “instant land”) in Gwangju-si, the registration for the preservation of ownership with respect to ownership owned by 1/6 shares in each of 6 shares was completed on December 20, 1971.

B. On March 21, 2019, the registration of change of the name of the registry was completed to the effect that the address of the above M, one of co-owners, is changed from the above “O” to the “former Young-gun P” on the ground of mistake in the application.

(c)

On the same day, on March 21, 2019, the ownership of the Defendant B, which was due to inheritance by the division of consultation, was completed on March 21, 2019 by Suwon District Court, Sung-nam Branch of Seoul District Court, 17217, which was received on March 21, 2019.

After that, on April 23, 2019, with regard to the registration of transfer of the above ownership in the name of Defendant B, the period of additional registration, such as the correction of ownership, which is revised to 2/66 each of the shares of Defendant B due to the cancellation of consultation on March 21, 2019 by the above registration office No. 25626 on April 23, 2019, was completed in the form of additional registration.

(d)

Defendant B’s wife of net Q (R, S, and death on January 16, 2014) who had a resident registration address in the “former Young-gun P” at the time of the registration of preservation of the above ownership as to the instant land; and the remaining Defendants, as their children, are the heirs of the deceased’s property.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 7, and 9 (including branch numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s assertion (1) premised on the premise that the Plaintiff is the Plaintiff’s owner’s M of the registered shares of the instant land, the Plaintiff was registered to revise the Plaintiff’s indication in the name of the Plaintiff by the Defendants, the heir of the net Q, to the net Q, located in the Defendant’s avoid. On the premise of this, the Defendants’ inheritance of 1/6 shares out of the instant land as the heir of the net Q, and the registration of transfer of ownership in the name of the Defendants, which was completed by the Defendants, should be revoked on the ground that the registration becomes invalid.

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