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(영문) 전주지방법원 2019.07.05 2017나6958

소유권말소등기

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1. Revocation of the first instance judgment.

2. The defendant is the Jeonju District Court with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The land was registered on the land cadastre of 3,041 square meters of the forest land in Jeonju-gun, Jeonju-gun (hereinafter referred to as “land before subdivision,” while the former North-gun G was registered on March 15, 1915 as owned by D and seven persons, on the ground of the fact-finding on March 15, 1915.

B. On December 23, 1986, the lease agreement on the land before subdivision was concluded on December 23, 1986 (hereinafter “instant lease agreement”). The content of the lease agreement was that the government would receive two out of the land before subdivision 350 Gamen as the rent, and then, the government would purchase the land at a lower price, and the lease period should be until the Defendant purchases the land, and the increase or decrease in the lease period should not raise any objection even if the purchase was conducted.

The lease contract of this case was prepared in the name of A, and was signed and sealed by the head of the Ri, the development chairperson, the head of each Ban, and the observer, but there was no name and seal of the defendant.

C. On September 7, 199, a written consent to transfer of ownership (hereinafter “written consent of this case”) was made with respect to the land before subdivision. The content of the written consent of this case was to obtain KRW 4 million with consent from A Village to allow the Defendant to transfer ownership by using the special protocol, and the name and seal of A Village Representative H et al. were affixed to the land before subdivision. D. The Defendant was enacted by Act No. 7500, May 26, 2005; hereinafter “Special Rule”) with respect to the land before subdivision.

Pursuant to the preceding State District Court’s U.S. Registry No. 3486 of May 22, 2006 (hereinafter “instant registration”) the registration of ownership preservation (hereinafter “instant registration”).

Upon completion of the instant registration. A written application for the issuance of a certificate (including a written confirmation and a written guarantee) prepared in accordance with the Act immediately before the instant registration is stated as follows: (a) the Defendant purchases the land before subdivision from I from December 30, 1986 to actually owns it; and (b) the written guarantee is F, J, and K as a guarantor.