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(영문) 대구지방법원 2016.08.11 2016나301781
소유권말소등기 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff shall be subject to the revoked part.

Reasons

1. On January 1, 2014, the Plaintiff at the first instance trial against Co-Defendant B (hereinafter “B”) of the first instance trial on the first instance court’s 152 square meters (hereinafter “instant land”). The Plaintiff filed a claim for the cancellation registration of ownership transfer registration under the name of the Defendant against the Defendant on January 1, 2014. Of the instant claims against Defendant B, the first instance court rejected only the claim on the part (b) section 201 square meters (hereinafter “instant dispute”) connected with each of the instant land indicated in the Map No. 7, 8, 9, 10, 10, 11, 12, 13, 23, 22, 21, 20, and 7, among the instant claims against the Defendant B, the remainder of the claim regarding the instant dispute was cited and the remainder of the claim against the Defendant was dismissed.

Accordingly, since only the defendant appealed against the part of the judgment against the defendant, the judgment of this court shall be limited to the part against the defendant among the judgment of the first instance.

2. Basic facts

A. D under the assessment of the instant land on October 4, 1912, completed the registration of ownership preservation in its future on April 2, 1936, and on the same day, E completed the registration of ownership transfer on the said land on March 20, 1936.

B. The registration of ownership transfer was completed on May 8, 1942 (B, C) on the ground of sale on April 1, 1942.

C. On September 11, 1948, the Defendant completed the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) on the land of this case on the ground of reversion of rights after undergoing the procedures for publication of non-real estate under Article 8 of the State Property Act.

On the ground of this case, 45.5 square meters in a stable of 1st floor and 45.5 square meters in a stable of 1st and 1st floor and 27.6 square meters in a house of 27.6 square meters in a house (hereinafter “instant building”) are constructed. In the building ledger of this case, the networkF obtained approval for the use of the said house on around 194, and around 1970.

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