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(영문) 수원지방법원 2015.05.28 2014가합66683

근저당권말소

Text

1. As to each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Head of Suwon District Court registry office, 1997.

Reasons

Plaintiff

A clan is a clan that is comprised of descendants of H 19 years of age in the middle of the Si, which is comprised of descendants.

Plaintiff

On October 12, 1917, at the time of the land investigation, the clan was under the name of K and nine other than K, which was a clan member at the time of the investigation.

After that, the registration of ownership transfer was completed on March 5, 1932 with respect to 9 parts of L Forest 3 6 parts of L Forest and 9 parts of L Forest, which was divided from the above land, and the registration of ownership transfer was completed in the name of N,O, and P. The registration of ownership transfer was completed in the name of N,O, and P on January 4, 1951 due to the loss of the registry, and the registration of ownership transfer was completed in the name of N,O, and P on December 30, 1954.

P's pro-friendly Q has been entered into N on October 16, 1968 and completed the registration of ownership transfer by inheritance shares under the old Act No. 95926, Oct. 22, 1996, for the reason of sale on March 1, 1940, pursuant to the old Act on Special Measures for the Registration of Ownership of Forest and Forest Land (Act No. 2111). P's pro-friendly Q completed the registration of ownership transfer as the head of Suwon District Court, the head of Suwon District Court, the registration office of 18401, which was received on October 20, 1971, and Q Q died on October 10, 1995. < Amended by Act No. 49526, Oct. 22, 1996>

After that, on July 21, 2000, the land of the above L was divided into 35,917 square meters in T forest land in Suwon-gu, Suwon-gu, Suwon-si, and each real estate listed in the attached Table on the same day (hereinafter “each land of this case”) and 560 square meters in U forest in Suwon-gu, Suwon-si, Suwon-si, and 201 square meters in V forest land.

Plaintiff

A clan filed a lawsuit against Q, including R and S to cancel the registration of ownership transfer on the ground that Q had completed the registration of ownership transfer by using a false certification of the above L land, and the above inheritors filed a lawsuit to cancel the registration of ownership transfer with respect to each of the instant land and the above U and V land, and the Seoul High Court rendered a judgment in favor on May 29, 2008 and rendered a final and conclusive judgment on May 29, 2008, and thereafter cancellation of the registration of ownership transfer against R, S, N,O, and P’s successors on the ground of the termination of the title trust.