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(영문) 광주지방법원순천지원 2016.03.31 2015가단73085

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in F future on April 14, 1964 on the ground of sale on the same day through E on February 26, 1918, after the assessment was made under the name of D and two other on February 26, 1918, for the land owned by each real estate listed in the separate sheet (hereinafter “each of the instant land”) and the ownership change in C forest land 56,443 square meters (hereinafter “land before partition”).

(2) On May 23, 1966, the land before subdivision was divided into C Forest 46,413 square meters and G forest 10,030 square meters. G forest 10,030 square meters around H was subject to registration conversion into 10,030 square meters prior to H around that time.

(3) On December 27, 1990, C Forest 46,413 square meters was divided into C Forest 45,959 square meters, 187 square meters of I Forest 187 square meters (hereinafter “instant two land”), and 267 square meters of J Forest 267 square meters (hereinafter “instant three land”). As to each of the above land, the registration of ownership transfer was completed on July 23, 199 by agreement division.

(4) On November 3, 2014, 201, C Forest Land 45,959 square meters (hereinafter “instant land”) and C Forest Land 44,835 square meters (hereinafter “instant 1”) and 1,124 square meters (hereinafter “the instant 4 land”) on November 3, 2014.

B) The registration of the Defendant’s provisional disposition and the first lawsuit for the instant case (1) was completed on March 18, 2008 with respect to each of the instant lands, the registration of the provisional disposition prohibiting the disposal, which became the claim for ownership transfer registration due to the cancellation of title trust with the Defendant, the Defendant, and the right to be preserved, was completed (2) on March 13, 2008, claiming for the implementation of the procedures for ownership transfer registration due to the cancellation of title trust with K on March 13, 2008.

(C) After filing a lawsuit on August 22, 2008, the Plaintiff voluntarily withdrawn the lawsuit. (3) The Plaintiff’s registration of ownership transfer and the instant secondary lawsuit (1) on each of the instant lands are based on the sale by compulsory auction on November 22, 2013 and completed the registration of ownership transfer on November 27, 2013. (2) The Defendant is based on the termination of title trust against K on November 7, 2013.