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(영문) 제주지방법원 2016.09.08 2015가합11201

소유권이전등기 말소등기 등 청구의 소

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1. The plaintiff's lawsuits against the defendant B and C are all dismissed.

2. The plaintiff's claim against the defendant in Korea.

Reasons

1. Facts of recognition;

A. The Defendant Republic of Korea entered on August 10, 1934 in the old land cadastre of the E Forest land cadastre of 65,372 square meters (hereinafter “Before subdivision”) at Jeju Island prior to subdivision, and on September 6, 1934, F was entered as the owner, and on December 20, 1946, D, the Republic of Korea, the owner of which died, entered as the owner.

B. On December 20, 1946, the registration of ownership preservation was completed in the name of D as the receipt of this court No. 2401 on December 20, 1946, and on March 25, 2008, the registration of ownership transfer was completed on April 22, 1992 (the date D died) in the name of Defendant B, the South-North of D, as the receipt of this court No. 21349 on March 25, 2008, and the registration of ownership transfer was completed on April 4, 2008, as the receipt of this court on April 4, 2008, Defendant C future on April 4, 2008.

C. Since June 21, 2010 to August 19, 2015, the land before subdivision became 11,035 square meters of G forest and field, 294 square meters of H forest and field, 482 square meters of J forest and field, 2,203 square meters of J forest and field, and 635 square meters of K forest and field as of the closing date of the instant pleadings through the division of several times from around June 21, 201 to around August 19, 2015.

On October 12, 2010 with respect to J 2,203 square meters of forest J 2,203 square meters in Jeju-si, the ownership transfer registration is completed on September 20, 201 with respect to the 635 square meters of forest land in the name of M on December 10, 2010 with respect to the 482 square meters of forest land of K 482 square meters in the future of M, and on September 20, 201 with respect to the 11,035 square meters of forest land in G 11,035 square meters, and H 294 square meters in the future of M, G 11,035 square meters in the same day, and the land registered as Defendant C

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 5 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. On September 6, 1934, the gist of the Plaintiff’s assertion was that the Saemaeul Association purchased the land before subdivision in the Defendant Republic of Korea, and entered into a title trust agreement with F at the time of subdivision, and F entered into the land cadastre in the old land cadastre before subdivision as the owner.