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(영문) 서울북부지방법원 2016.06.21 2015가단148715
소유권말소등기
Text

1. Defendant B is the Suwon District Court with respect to the Plaintiff’s share of 1/12, the share of E, out of the real estate indicated in the attached list.

Reasons

1. The plaintiff's assertion

A. In the first place, the Plaintiff purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from F on February 7, 1968 and acquired the ownership on February 12, 1968. However, the Plaintiff’s wife G transferred the ownership of the instant real estate to E on February 22, 1968 without title and registration of invalidity of the cause has been completed. Thus, the Defendants, the heir of the network E, are obligated to cancel the shares of 1/12 on the instant real estate.

B. Preliminaryly, the Plaintiff: (a) purchased the instant real estate on February 7, 1968; and (b) possessed it in peace and openly for twenty (20) years or more with its own intent; and (c) the Defendants are obliged to implement the procedure for the registration of ownership transfer on the ground

2. Facts of recognition and judgment

A. (1) The Plaintiff entered into a sales contract for the instant real estate on February 7, 1968, and completed the registration of ownership transfer in its name on February 12, 1968.

(2) The instant real estate completed the registration of ownership transfer for sale on February 19, 1968 (hereinafter “instant ownership transfer registration”) with respect to each of the 1/4 shares in the Defendant B, who is the Plaintiff’s wife G, G E, E’s mother, H, and E’s children, as to each of the 1/4 shares in each of the instant real estate (hereinafter “instant real estate transfer registration”).

(3) A part of the instant real estate was incorporated into the road at the time of the project to expand the Western Highway around 1993, and E delegated the right to consult on compensation for losses and to receive compensation to the Plaintiff.

(4) From 1968 to 1994, E had paid property tax on E’s share, and thereafter the Plaintiff paid property tax on E’s share.

E dies in around 2003, and three defendants inherited E.

(5) The instant real estate was installed as the Plaintiff’s head, I, the Defendants’ external third village J, and L around October 1967 at the same time as the traffic accident, and each grave of the Defendants died at the same time.

On the other hand, a registration certificate concerning the instant real estate is valid.

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