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(영문) 대구지방법원안동지원 2016.01.27 2015가단3235

소유권말소등기

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1. The defendant shall receive on June 11, 2008, from the plaintiffs, the Daegu District Court with respect to the 90050 square meters of forest E in Ansan-si.

Reasons

1. Basic facts

A. The ownership relation of the instant forest is 1) E forest land E, Dong-dong, 9050 square meters (hereinafter “instant forest land”).

(2) On August 11, 2008, the Defendant completed the registration of ownership transfer pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7581, May 26, 2008; hereinafter “the instant certificate of guarantee”) on December 26, 2007, i.e., I, J, and K’s letter of guarantee on December 26, 2007 (hereinafter “the instant certificate of guarantee”), i.e., the title transfer on the basis of the certificate of confirmation that the deceased G was transferred the ownership on August 24, 197. Around that time, G completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7581, May 26, 2005; hereinafter “Special Measures for the Registration of Ownership of Forest Land”) which was in force at the time of the transfer.

(hereinafter “instant transfer registration”). B.

1) The network G died on October 27, 1993. The Plaintiff A is the wife of the network G, and the Plaintiff B and C are children between the network G and the Plaintiff, and they are the successors of the network G. 2) The Defendant is the heir of the network H who died on August 19, 1982.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ forest land was under the circumstances of the deceased F and succeeded to by the deceased G. After the death of the deceased G, the Plaintiffs owned and occupied the grave located on the ground. The Defendant, without any reason, filed a false guarantee that the forest land in this case is owned by the deceased H and completed the registration of ownership transfer regarding the forest of this case based on the false guarantee certificate.

Therefore, the defendant shall implement the procedure for cancelling the ownership transfer registration of this case with respect to the forest of this case to the plaintiffs.