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(영문) 창원지방법원 2014.01.17 2013가단77198

소유권보존등기말소 등

Text

1. Among the plaintiffs' respective claims, 1/3 shares of forest land listed in the separate sheet shall be included.

Reasons

1. Facts without dispute;

A. Forest land listed in the separate sheet (hereinafter “instant forest”) was subject to the circumstances by G around March 3, 1918.

B. On December 19, 1970, the registration of transfer of ownership was completed with H and two other persons in the old forest register of the forest of this case, and H, I, and J were registered in the above forest register of co-ownership delay.

C. On the same day, the registration of the preservation of H’s ownership was completed as of December 19, 1970 as of the forest of this case by the Changwon District Court Dao District Office No. 5353, Dec. 19, 1970, and the registration of the preservation of ownership of the forest of this case was completed as of September 7, 2009 by the above registry office No. 38109, the registration of the transfer of ownership in the name of Defendant C and D was completed as to the shares of Defendant D among the "registration of the first transfer of ownership" as to the shares of the forest of this case by the above registry office No. 47192, Sep. 14, 2011, and now the forest of this case was registered under the name of Defendant C under the name of Defendant C.

As to the forest land of this case, Defendant C completed the registration of establishment of a collateral security and superficies under the name of Defendant C Livestock Cooperatives (hereinafter referred to as “registration of creation of a collateral security and superficies”) on November 4, 201, which was received on November 4, 201, by the Changwon District Court Dao District Court 5643 and 56434.

E. The plaintiff A is one of the successors of J, and the plaintiff B is one of the successors of I, and the E and F are some of the successors of G.

2. The assertion and judgment

A. The summary of the plaintiffs' assertion (1) The forest of this case is the land that the clan clan that is the joint ancestor of K's 33 years of age L (hereinafter "the clan of this case") registered in title with G, which is the ground of its clan G, and the clan of this case terminated the title trust agreement with G's heir around 1970 after G's death, and completed the said three transfer registration with H, J, and I by making title trust with H, and I in the forestry register, but H arbitrarily completed the transfer registration with its own sole name.