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(영문) 광주지방법원 2018.07.03 2017가단519470

소유권말소등기 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff, Defendant B, D, E, F, G, and H are children of Non-Party I (named creative name: J, and Death on September 25, 1970).

① The deceased’s children, including the Plaintiff, succeeded to the ownership of 2,212 square meters and 347 square meters (hereinafter “instant K and L”) before K in Jeonnam-gun, Nam-gun, and the deceased’s children, including the Plaintiff, inherited each share of statutory inheritance.

Nevertheless, on April 4, 1994, Defendant B completed the registration of ownership transfer in its name on the basis of a false letter of guarantee and written confirmation (hereinafter “Special Measures Act”) pursuant to the Act on Special Measures for the Registration of Real Estate Transfer.

Therefore, registration in excess of the inheritance shares of Defendant B is null and void.

The plaintiff, who is a co-inheritors, shall seek to cancel the registration of transfer of ownership with respect to the remaining shares except the inheritance shares of defendant B by preservation act.

② The instant M&M is owned by the Plaintiff, which is 8,939 square meters of forest land in Jeonnam-gun, Namnam-gun (hereinafter “instant M&”).

Although the plaintiff did not sell or donate the above real estate to the defendant B, the above defendant completed the registration of transfer of ownership in his name on April 4, 1994 under the Act on Special Measures for Special Measures based on false letter of guarantee and written confirmation.

After the division of the instant M land, the Defendant Selection Party C and the appointed parties N,O, P, and the limited liability company Q Q (hereinafter “Defendant C, etc.”) purchased each divided land from Defendant B and completed the registration of ownership transfer. The appointed parties N, P,O, and the limited liability company installed solar power generation facilities on the land purchased.

The lot number division of M forest 8,939 square meters and the Defendants’ ownership change relation are as follows:

Division (1.8) Division of land (2015.1.1.13.1.13) the change in ownership (2015.1.13.) the change in ownership (2.7.2.7.2015.) the division of land (2015.10.7) the change of land category (2,922m2, Defendant NR Forest of M 2,822m2, Defendant NR Forest of M 2,822m2, and 308m2, 308m2,000,000,000 2,574m2,000m2 and 549m2,00m2,000,0000m2 and 574m2,00m2, C, and P,