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(영문) 춘천지방법원 2018.09.06 2016가단5125 (1)

소유권보존등기말소 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The Plaintiffs of the Gu Office are the Plaintiffs.

Reasons

1. Basic facts

A. The land survey book prepared under the Japanese colonial rule states that F was under the circumstances of Chuncheon-si E, 400 square meters (hereinafter “instant land”). The Defendant Republic of Korea completed the registration of Chuncheon District Court on May 3, 1985 and registration of 11593 on the instant land.

B. Defendant C filed a lawsuit against Defendant Republic of Korea seeking cancellation of registration of cancellation of ownership preservation on the 14 parcels, including the instant land, with the purport of implementing the procedure for registration of cancellation on the 2,326,319,878,650/3,668, 316, 061, and 410 shares among the registration of preservation of ownership, which was completed in the name of F as to the 14 parcels, as the above F co-inheritors.

C. On December 15, 1960, the Plaintiffs died on January 4, 1962 after the F donated the above land to G by his children. G also died on October 15, 1983. On September 14, 1994, the heir of H, I, J, K, L, M, N,O, P, and Plaintiff A agreed to divide the inherited property that the said land belongs to A., Defendant C did not have the obligation to file for the procedure for the cancellation of registration of ownership preservation against the Defendant Republic of Korea, and Defendant C did not have the obligation to file for the cancellation of registration of ownership preservation on the above shares for which the Defendant C seeks cancellation, and Defendant C had the obligation to file for the cancellation of registration of ownership preservation under the Seoul Central District Court Decision 2013Da53965 decided May 29, 2015.

In the foregoing case, among seven parcels including the instant land on July 16, 2014, Defendant C’s statutory shares in inheritance are 239,563,497,83/3,668,316,061,410 shares. The statutory shares in inheritance of Plaintiff A are 126,493,657,290/3,668,316,061,410 shares, and Defendant C owns 2,326,319,878,650/3,668,316,061,410 shares, including the shares acquired from other co-inheritors. Thus, Defendant C owns 2,326,319,878,650/3,668,316,061,410 shares.