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(영문) 창원지방법원 2016.12.13 2016나54883

소유권말소등기

Text

1. Revocation of the first instance judgment.

2. The lawsuit as to the main claim among the lawsuits in this case shall be dismissed.

3...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account each description of Gap 1-7, 9, 10, and 12 (where the serial number is not specified, including all of the pertinent documentary numbers; hereinafter the same shall apply), Gap 8's images, Eul 1-3, 5, 6, and 8's images, and the whole purport of Eul 12's images and arguments:

(A) Although the defendant alleged that Gap 4,7-2 was forged, it is not sufficient to acknowledge the above alleged facts only with the description Eul 4, and there is no other evidence to acknowledge it).

The relevant net F (hereinafter referred to as the “F”) of the Parties is the father of the net C (hereinafter referred to as the “C”) and B.

B. The change in land ownership 1) C is the 49,983 square meters of the D forest land in Sacheon-si (hereinafter “the forest land before the division”). In a case where it is necessary to specify the land divided from the forest land before the division, the “O-dong in Sacheon-si” is omitted and indicated only by the lot number.

(2) On July 30, 1989, the Changwon District Court, Sacheon District Court, Law No. 5695 of July 8, 1970, completed the registration of initial ownership transfer as to E and the defendant completed the registration of initial ownership transfer under Law No. 8799 on July 4, 1989 with respect to each share of 132/49,983 out of forest land before division on the ground of sale and purchase on June 30, 1989.

3) On November 20, 1983, F completed the complete transfer registration with respect to the portion of 49,719/49,983, which was owned by C, out of the forest land before subdivision, on the ground of sale and purchase on November 23, 1993. F completed the entire transfer registration under the receipt No. 4623, Jun. 23, 1993. F) Of the forest land before subdivision, the Defendant completed the transfer registration with respect to the portion of 597/49,983, out of the forest land before subdivision as to the portion of 1,597/49,983, out of the forest land before subdivision, on the ground of donation on March 16, 1995. < Amended by Presidential Decree No. 14801, Mar. 17, 1995; Presidential Decree No. 14875, Mar. 24, 1995; Presidential Decree No. 14870, Mar. 25, 1995>