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(영문) 전주지방법원 2017.01.31 2016가단17905

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The G land in Jeollabuk-gun, Jeollabuk-do (hereinafter “instant G land”) was respectively transferred to 4,040 square meters prior to H as a substitute lot under the Farmland Improvement Act on March 3, 1971, and 21, July 21, 1973 (attached Table 1; hereinafter “instant H land”) and 886 square meters prior to I.D. (attached Table 2; hereinafter “instant I land”).

B. The land JJ (hereinafter referred to as the “J land of this case”) of Jeollabuk-gun, Jeollabuk-do was transferred to the land of this case as a substitute lot under the Farmland Improvement Act of March 3, 1971, and on March 21, 1973, as a substitute lot under the Farmland Improvement Act of July 21, 1980 (the land listed in the attached Table 3; hereinafter referred to as the “K land of this case”).

C. All J land and G land in the instant case are seven years with large scale (1918)

7. On March 12, 1965, the registration of ownership preservation was completed in the non-party M, who was the plaintiff's father, and on the same day, the registration of ownership transfer was completed in the plaintiff's future.

(1) Nonparty NJ (Representative) filed a lawsuit against Nonparty M and the Plaintiff regarding the instant G land around 1970 (the Plaintiff’s cancellation of ownership transfer registration, and the Nonparty M win the lawsuit on March 13, 1970. Upon the judgment became final and conclusive, the registration of ownership transfer in the Plaintiff’s name is cancelled, and the registration of ownership transfer is completed on May 13, 1970 on the ground of the termination of the trust duty as of January 5, 1948.

(2) Since then, the G land of this case was divided into the H land of this case and the I land on July 31, 1981 due to the sale on March 23, 1973, and the registration of ownership transfer was made in the name of Nonparty O, Defendant D, Defendant E, and Defendant F on July 31, 1981 (each share of 1/4), and as regards NonpartyO’s share of 1/4 on April 26, 2003 due to the inheritance by agreement division as of April 26, 2003.