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(영문) 제주지방법원 2017.07.11 2015가단14166

소유권이전등기 말소

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant D’s clan (hereinafter “Defendant D’s clan”) is a clan in which the net S is a common vessel.

B. On September 30, 1913, the members of the Defendant clan, who were the members of the Plaintiff’s clan (hereinafter “the deceased”), was assessed against RR Forest land 9,054 square meters (hereinafter “the instant forest”).

C. On August 25, 1981, Defendant E (hereinafter “Defendant E, etc.”) received a guarantee from X, Y, and Z that “Defendant E, etc. owns the forest of this case” from the farmland committee members of the Jeju-si, and completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) with respect to each of 1/3 shares of the forest of this case among the forest of this case on August 25, 1981 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures for 3094”).

On March 28, 1994, the defendant clan received a certificate from AA, AB, and Y that "the defendant clan is currently holding the forest of this case after being donated to Defendant E, etc. on January 1, 1983," and received on June 22, 1994 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter referred to as "Special Measures Act No. 4502") about the forest of this case from Defendant E, etc. on the ground of donation on January 1, 1983 (hereinafter referred to as "the transfer registration of this case").

On April 6, 1926, the deceased died on April 6, 1926, there are AC and AD as his heir, and AD’s heir has AE, AF, Plaintiffs, and AG.

E. U died on April 25, 2004, and his heir is Defendant F, G, H, and I.

V died on June 12, 1985, and his heir is Defendant J, K, L, M, N,O, P, and Q.

The ownership shares of the remaining defendants' forest land of this case, except the defendant clan, are written in each share in the attached Form.