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(영문) 의정부지방법원 2014.06.17 2013가단52004

소유권보존등기말소 등

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1. The Plaintiffs, such as the Plaintiff’s inheritance shares in the attached inheritance shares list, are on the 7527 square meters of Sin Government-si.

Reasons

1. Basic factual basis

가. 일제 강점기에 양주군(楊州君) P에 관하여 작성된 토지조사부에는 Q의 토지소유자로 1913. 10. 1. 충남 공주군(公州郡) R에 주소를 둔 S이 등재되어 있다.

B. Meanwhile, on the other hand, on July 19, 1925, S, the legal domicile of which is Chungcheongnam-si, died, and U.S. succeeded to Australia. U died on November 22, 1929, and V succeeded to Australia. Such V died on March 21, 1994, and V died on December 20, 207.

The plaintiffs are the children of V and W.

C. The registration of ownership preservation was completed on December 11, 1981 under the name of the referring to Defendant G on December 11, 1981 with respect to N-based forest 7527 square meters (hereinafter “the instant forest”). On January 4, 2003, the registration of ownership transfer was completed on October 9, 2002 in the Defendant G.

On March 16, 2011, Defendant G completed the registration of creation of a mortgage over the forest of this case with the debtor G and the maximum amount of debt at KRW 325,00,000 with respect to the forest of this case in the name of the Dong-dong Saemaeul Community Fund.

E. On March 22, 2011, Defendant G completed the registration of creation of a mortgage over the forest of this case with respect to Defendant H, I, J, K, K, L, and M, with respect to the debtor’s G and the maximum debt amount of KRW 180,00,000.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 7-1, the purport of the whole pleadings

2. The plaintiffs, as to the claims against the remaining defendants except the defendant G, acquired the ownership of the forest of this case under the circumstances of the forest of this case by the plaintiff, and after the death of the network S, the plaintiffs finally succeeded to the ownership of the forest of this case. The defendant's government Dong-dong Saemaeul Saemaul Fund, H, I, J, K, K, L, and M registration of the establishment of a mortgage of the defendant's government Dong-dong Saemaul Fund, H, I, J, K, L, and M are the invalid registration completed without any justifiable reason pursuant to Article 150 of the Civil Procedure Act.

Therefore, the defendant's Government Dong-dong Saemaul Treasury, H, I, J, K.