(영문) 울산지방법원 2018.04.20 2017가단11413

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(영문) 울산지방법원 2018.04.20 2017가단11413

소유권이전등기말소등기

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1. The Defendant received on April 15, 2016 from the Changwon District Court for the real estate stated in the attached list to the Plaintiff.

Reasons

1. The parties' assertion

A. On July 16, 1964, the Plaintiff asserted that the Plaintiff completed the registration of ownership transfer on the land indicated in the separate sheet (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer on the grounds of sale as of March 5, 1958. Even if the Defendant is not the Plaintiff’s heir, the Plaintiff completed the registration of ownership transfer as of April 15, 201, based on the inheritance due to the consultation and division as of June 14, 2001, under Article 25734 (hereinafter “instant registration”).

Therefore, the registration of this case is null and void because it was made without any legal cause, and must be cancelled.

B. The Defendant’s assertion that the land of this case was owned by the deceased A (hereinafter “the deceased”), who was the Defendant’s father. After the deceased died on June 14, 2001, the deceased registered the land of this case by consulting that the Defendant owned the land solely among the inheritors of the deceased.

Therefore, the plaintiff's assertion that the land of this case is owned by the plaintiff is without merit.

2. The entire certificate of registered matters concerning the land of this case (hereinafter referred to as the "certificate of this case") is indicated as "owner A and Jinyang-gun (hereinafter referred to as the "after the change of owner") D in indicating the personal information of the owner who completed the registration of ownership transfer on the ground of sale and purchase on March 5, 1958 by the Changwon District Court on July 16, 1964."

Accordingly, the plaintiff asserts that the "A" stated in the certificate of this case is the plaintiff, and the defendant claims that he is the deceased, and therefore, the issue of this case is whether the "A" stated in the certificate of this case is referred to anyone.

Therefore, according to the statements in Gap evidence Nos. 2, and Eul evidence Nos. 1 through 3, Gap's address on the land cadastre of the instant real estate is indicated as "D (the meaning of Jinyang-gun D)."

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