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(영문) 대구지방법원상주지원 2014.11.05 2014가단7727

소유권말소등기

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the deceased C on the claim for ownership transfer registration on the ground of termination of the trust with respect to D Forest land 20, 44, 411 square meters (202,711 square meters, and attached list 1 real estate) at the time of residence, and the judgment in favor of the Daegu District Court on September 23, 1969 (hereinafter “instant judgment”) was rendered on October 14, 1969.

B. On October 14, 1969, the Defendant filed a lawsuit against the deceased C on the claim for the transfer registration of ownership on the ground of termination of the trust with respect to the 10-10-84 forest land E, and on September 23, 1969, the judgment in favor of the Daegu District Court rendered a favorable judgment (hereinafter “the judgment in subparagraph 2”) on September 23, 1969.

C. According to the judgment of the first instance, the Defendant completed the registration of ownership transfer (hereinafter “each of the instant transfer of ownership”) under the receipt of No. 7100 on Dec. 17, 1969 and No. 7102 on Dec. 17, 1969 with respect to the said E forest and field as to the above E forest and field under the said judgment No. 7102.

E Forest land 10 10 Y 84 m2 was divided into E forest land 107,504 m2, F and G on December 5, 1945.

E The area of 107,504 square meters of forest land was corrected to 111,798 square meters on March 23, 1989. On March 23, 1989, E forest land was divided into 84,220 square meters and H forest land 27,578 square meters (attached Form 3 real estate).

E The area of 84,220 square meters of forest land was divided into 71,66 square meters of forest E on August 16, 1994 (attached Table 2), 9,471 square meters of forest land, J forest 3,083 square meters. The area of 9,471 square meters of forest land was 9,420 square meters prior to K on the same day (attached Table 4), and the area of 3,083 square meters of J forest was 3,080 square meters prior to the same day (attached Table 5) and each registration conversion was made.

On August 16, 1994, the area of 9,420 square meters before K was divided into 5,08 square meters, M, N, andO, respectively.

E. The Plaintiffs are the successors of the deceased C.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 16, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion.