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(영문) 창원지방법원 진주지원 2017.02.03 2016가단34928

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. After the death of the party status G (the name at H on December 24, 1946, and March 16, 1921), the deceased I (the name at H on March 16, 1921) succeeded to the deceased G's inherited property. The Defendants succeeded to the deceased I's inherited property after the deceased I's death, respectively, and the shares of inheritance are 1/4.

B. 1) On March 30, 1914, G was assessed against 1,220 square meters of F forest in the Hadong-gun, Hanam-dong, including the instant forest. The instant forest was divided on October 8, 1991 from the forest before the division. 2) The registration of preservation of ownership in the name of G was completed on December 20, 197 as the ground for registration on December 10, 197 (hereinafter “the instant registration of preservation of ownership”). It is written to the purport that J applied for the registration in subrogation of G, the person responsible for provisional registration, in order to preserve the right to claim the transfer of ownership due to the sale on December 10, 1975.

On December 20, 1977, the registration of ownership transfer under J was completed as No. 11821 by the same registry office.

(3) On June 4, 2015, Defendant D filed a lawsuit against J on June 4, 2015 against the Changwon District Court for the registration of cancellation of ownership. On October 16, 2015, Defendant D sentenced Defendant D to a judgment by public notice that “The J shall implement the procedures for cancellation of ownership transfer registration with respect to Defendant D” on the following grounds: (a) the said judgment became final and conclusive on November 4, 2015 (hereinafter “related judgment”).

(4) According to the relevant judgment, the relevant registration of ownership transfer was revoked on November 11, 2015 by the Changwon District Court’s subordinate registry office of the Changwon District Court, and the pertinent registration of ownership transfer was restored.

5 The Defendants, based on the registration of the preservation of ownership of the instant forest land, are deceased on September 28, 1996 after the deceased family inheritance on November 17, 2015, by the Changwon District Court (Seoul District Court Branch No. 17595, Nov. 17, 2015) (No. 17595, Dec. 24, 1946.