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(영문) 대전지방법원 2017.04.25 2016가단200832

소유권보존등기말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The course of dividing the land associated with the instant case is as follows:

1) On June 3, 1929, the forest land D 11, 80 m2 (35,490 m2) was divided into E forest land 9 m2 and F forest 1,8 m29 m2 on June 3, 1929. 2) The said E forest land 9m2 (97,38 m2) was further divided into E forest land 9 m2 (97,38 m2) and G forest m2 (1 m2). The E forest land was divided into E forest land 98m2 (35,490 m2) and G forest m2 (1 m2).

3) On September 1, 1936, the above FF Forest No. 18-9 work was re-divided into 7 parts of F Forest and J Forest No. 1-1 part8 work, and 7 part-1 part-1 part-1 part-8 work of J Forest, and 1-1 part-1 part-time work of J Forest were converted into L, respectively, and L forest was further divided into L or C. B. The ownership relation to the land in this case is as follows. (1) The old forest No. 9-4 part-3 part-time work of E, 1969 (Evidence No. 1-3), written as the owner on May 18, 1929, written as NN as the owner on August 6, 196, written as the owner on August 18, 196, and written as the owner on August 9-82, 198, in sequence, the Plaintiff entered as the owner on August 29, 1964.

2) The Plaintiff is registered as the owner on January 16, 2012, on the ground that the title trust was terminated on December 28, 2007 with respect to H forest 6,536 square meters divided and converted into registration. 3) The Plaintiff is registered as the owner of M on January 16, 2012, with respect to the land of 1,217 square meters in Geumsan-gun, Geumsan-gun, Chungcheongnam-gun (hereinafter “instant land”).

4) On April 1, 2013, the Defendant completed the registration of ownership preservation in the future of the Defendant with the Geumsan District Court No. 4370 received on the instant land as of April 1, 2013, and completed the registration of ownership transfer in the name of PO on the grounds of sale under No. 4371 received on the same day. [The grounds for recognition: the fact that there is no dispute, evidence No. 1 through No. 6

2. Determination on the cause of the claim

A. One of the grounds for the plaintiff's primary claim is asserted in this case.