(영문) 광주지방법원목포지원 2020.04.22 2019가단2313

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(영문) 광주지방법원목포지원 2020.04.22 2019가단2313

소유권말소등기

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1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. I and J shared 1/2 shares in relation to 3,815 square meters (hereinafter “instant land before the instant subdivision”) before K in Yong-gun, Chungcheongnam-do. Among them, I’s shares were due to sale to the network L on February 8, 1990. The shares of J completed each registration of ownership transfer on April 18, 1995 on the ground of donation to M.

B. Pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the deceased filed a lawsuit seeking the registration of transfer of ownership in the name of the deceased and N for the cancellation of transfer of ownership in the name of the deceased and the registration of transfer of ownership in the name of the deceased under the name of the deceased and N for the reason that the deceased’s heir (including the plaintiff) and I were not entitled to the registration of transfer of ownership in the name of the deceased and the deceased for the reason that “The 1/2 shares in the name of the deceased among the land before the division of the case were purchased by N but cannot be verified for the purchase of farmland by the deceased,” on the ground that “the registration of transfer of ownership in the name of the deceased and the deceased for the registration of transfer of ownership in the name of the deceased are all null and void,” on behalf of I, and was sentenced by the above court to accept the entire claim on January 4, 2006.

C. The Plaintiff filed an appeal (the Gwangju District Court 2006Na1868) and the final appeal (the Supreme Court 2006Da63914) against the above judgment of the court of first instance, but the judgment of the court of first instance became final and conclusive upon the dismissal of the appeal and the final appeal.

(hereinafter the above judgment is referred to as the “prior judgment of this case”).

According to the prior judgment of this case, the transfer registration in the name of the network L with respect to one-half of the land before the instant partition was cancelled and returned in the name I. After the transfer registration in the name of the deceased was completed on February 26, 2007 as the receipt No. 4085 on February 8, 1990 (hereinafter “the first transfer registration”).

E. Meanwhile, before the instant partition.

유사 판례

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