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(영문) 창원지방법원진주지원 2016.09.08 2015가단8984

소유권이전등기말소등기

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1. On March 6, 2000, Defendant C had a registry office of Changwon District Court in relation to the size of 1,074 square meters prior to Dong-dong, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

Basic Facts

The land cadastre of 1,074 square meters (hereinafter “instant real estate”) before Dong-dong, Hanam-gun, Gyeongnam-gun, was assessed on March 23, 1915 in the name of E, and there is no personal information, such as E’s address, in the land cadastre.

According to a certified transcript (including evidence No. 3 and number No. 3), the name of the plaintiff's Republic of Korea is F, and the legal domicile of the plaintiff is the G of Dong-dong, Gyeongnam.

H and I received the circumstances from each of F as of March 23, 1915, J, and K as of August 20, 1921. On March 25, 2016, both the address of F, the title of which is the Plaintiff, was registered as “Hadong-gun G,” both in the forest land register for each of the above lands.

Defendant B completed the registration of ownership preservation on the instant real estate on May 26, 1994 under the Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 4502), and Defendant C on March 6, 2000 on the said real estate.

3. The registration of the right to claim transfer of ownership based on the reservation shall be completed.

At the time of Defendant B’s completion of registration of preservation of ownership of the instant real estate as above, L, a shape of Defendant B, had been in the vicinity of the instant real estate, including the instant real estate, in melting it with leaves of green trees, and the said real estate still remains green trees.

[Reasons for Recognition] A, Gap's evidence Nos. 1, 2, 3, 4, 5, 6, 7, 9, 11 (including a provisional number; hereinafter the same shall apply), witness witness's witness's witness's testimony, and the purport of the whole oral argument as to the claim against defendant B, which is the circumstance of the real estate of this case's assertion by the plaintiff, is the same person as the plaintiff's Republic of Korea F.

F On April 20, 1959, the Plaintiff’s death inherited the instant real estate by the Plaintiff, but died on March 1, 1970 without the heir, and the Plaintiff, N,O, and P 4, who were siblings, jointly inherited the said real estate, but did not register inheritance.

Defendant B’s heir, including the Plaintiff, etc., did not manage the instant real estate in a cresh that led to the failure of management. As to the instant real estate, May 26, 1994.