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(영문) 창원지방법원 2019.07.12 2018나62321

소유권말소등기

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1. Of the judgment of the court of first instance, the part on Defendant Q was revoked, and the plaintiffs' claims against Defendant Q Q are all filed.

Reasons

1. In the first instance trial, the Plaintiffs filed a claim against Defendant Republic of Korea for the confirmation of ownership and the cancellation of registration of ownership transfer, and the remaining Defendants filed a claim for the cancellation of registration of ownership transfer. The first instance court dismissed the part of the claim against Defendant Q’s claim for the cancellation of registration of ownership transfer, dismissed the claim for cancellation of registration of ownership transfer, and accepted the claim for cancellation of registration of ownership transfer against Defendant P, R, T, U,V, and Korea Rural Community Corporation.

As to this, the plaintiffs appealed against the defendant P, R, T, U,V, and the Korea Rural Community Corporation to dismiss the claim for cancellation of registration of ownership transfer against the defendant's Republic of Korea, and defendant Q Q also appealed. The subject of this court's judgment is limited to the plaintiffs' request for cancellation of registration of ownership transfer and the claim for cancellation of registration of ownership transfer.

2. Basic facts

A. 15 square meters prior to Gyeong-gun, Gyeong-gun, Gyeong-gun, and 15 square meters are the real estate listed in [Attachment 1] List 2, 3, and 4, and each real estate listed in [Attachment 5, 6, and 7] for the same reason of 189 square meters prior to Y, and each real estate listed in [Attachment 1] List 9, 175 square meters for the same reason, and each real estate listed in [Attachment 1] List 1] 605 square meters prior to AA was the real estate listed in [Attachment 1] 14, 19 for the same reason.

In addition, the above AB’s 293 square meters was divided into the real estate listed in attached Table 1’s list 20 and the above AC ditch into 308 square meters, and on November 15, 2010, the above AC ditch 308 square meters became the real estate listed in attached Table 1’s list 21 in combination with the above AD ditch 313 square meters and the above AE ditch 158 square meters.

B. Among the real estate listed in the attached list 1 to 20 of the real estate and the real estate listed in the attached list 1 to 1 to 21 of the attached Table 1, the above AC ditch, 308 square meters (hereinafter “each land of this case”) prior to the merger shall be deemed to be each land of this case, and the real estate listed in the attached list 1 to 1 to 21 of the attached Table