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(영문) 창원지방법원통영지원 2014.07.01 2013가단4677

소유권보존등기말소등

Text

1. As to the Plaintiff with respect to the volume of D 466 square meters in macro-si:

A. Defendant B is the Changwon District Court¡¯s May Office on May 18, 2007.

Reasons

1. The following facts may be found in each entry in Gap evidence 1 to 7, 9 to 15, and Eul evidence 3 (including a serial number), either as a whole, unless there is a dispute between the parties, or as a whole, by integrating the purport of the entire pleadings:

678 square meters (hereinafter referred to as “land before subdivision”) was assessed on March 5, 1914 in the name of F, the Defendant’s increased father.

B. On November 30, 1938, the land before subdivision was divided into 181 square meters in G grave site (hereinafter “G land”) and 141 square meters in D-road (hereinafter “D-source 466 square meters in a city, which was subsequent conversion into the area, administrative jurisdiction change, and land category change; hereinafter “H land”) and 356 square meters in H grave site (hereinafter “H land”) as a result of the construction of a road on the part of the land before subdivision.

C. After that, on October 25, 1993, registration of preservation of ownership was completed in the names of Defendant B, Nonparty I, J, K, and L, each of which is the clan members of the Plaintiff clan, in accordance with the former Act on Special Measures for the Transfer of Real Estate Ownership (Act No. 4502) on October 25, 1993.

However, as to the land of this case, the defendant B received a letter of guarantee from the guarantor M, N, andO on January 29, 2007 that he actually owned the land from P on April 1, 197 (hereinafter “the letter of guarantee of this case”) and issued on May 18, 2007 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”).

The registration of initial ownership in this case (hereinafter referred to as the "registration of initial ownership") was completed, and the defendant C was on July 19, 2010.

7. Disposition by reason of sale and purchase; and

The registration of ownership transfer as stated in paragraph (1) (hereinafter referred to as “instant ownership transfer registration”) has been completed.

E. On the other hand, the plaintiff clan set up the R, who is the 10-year-old descendant of Q, as a priority group.