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(영문) 수원지방법원 2017.06.13 2016가단506409
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 5, 1911, TW, which had the domicile in Suwon-gun S, was registered in the land research division of Suwon-gun R, Suwon-gun, which was drafted during the Japanese colonial era, as the case was on January 5, 191.

B. The foregoing assessment land became the instant land, 165 square meters, V roads, 53 square meters, W road 26 square meters, and X-25 square meters, following the division, change of land category, etc. thereafter.

C. On September 30, 1954, the registration of transfer of ownership due to recovery was completed in the name of Y, and the cause and date of registration were written as the sale on June 7, 1947.

On October 22, 1954, the registration of transfer of ownership based on the purchase and sale was completed under the name of Z, and on April 10, 1989, the registration of transfer of ownership based on the inheritance by agreement division was completed under the name of AA on April 10, 1989, and on December 26, 2006, the registration of transfer of ownership based on the acquisition of the land for public use was completed under the name of the defendant.

AB, the plaintiffs' preference, has its original permanent domicile in the Gyeonggiwon-gun AC, but has been transferred to AD, and on May 2, 1940, AE, the head of which died and succeeded to the property as the family heir.

E. After the death of September 10, 1993, AE jointly succeeded to the property of AF, AG, AH, AI, A, B, C, D, E, F, G, and H. After the death of AF, the inherited property was jointly inherited by wife I, children, J, K, and L jointly inherited the property of the wife, M, children, N, N, andO, who were their wife, due to the death of AH, and jointly succeeded to the property of P, AK, AL, AM, AM, and N, who are their husbands and children.

2. Determination on the cause of the claim

A. The plaintiffs' assertion (1) The land of this case is the land under the circumstances of AB, which is the prior owner of the plaintiffs.

(2) Since the registration of transfer of ownership in the name of the Y with respect to the instant land was made on the ground of sale as of June 7, 1947, after the death of AB, the former owner, the presumption of transfer of ownership was broken.

(3) Accordingly, Z, A.A. made in sequence by means of the registration of transfer of ownership.

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