beta
(영문) 춘천지방법원 강릉지원 2018.12.19 2018가단34489

소유권말소등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land indicated in the attached Table 2 list (hereinafter “J land”) became 12885 square meters of each land indicated in the attached Table 1 list (hereinafter “each of the instant land”) and the Kanne-si Kannam-si forest after the division and change of land category subject to registration conversion.

B. As to each land of this case, the registration of preservation of ownership in the name of the State was completed on July 30, 1985 through the public notice of non-owned real estate.

C. Since then, on July 13, 2012, the registration of ownership transfer was made in Defendant F’s name with respect to the land listed in attached Table 1 (hereinafter “instant land”). D.

On October 5, 2009, the ownership transfer registration in the name of Defendant G was made with respect to the two lands listed in the attached list 1 (hereinafter “instant two lands”).

E. On September 4, 2008, the registration of ownership transfer was made in the name of H Co., Ltd. with respect to the three land listed in the attached list No. 1 (hereinafter “instant three land”). Each of the right to collateral security and superficies was established in the name of each Defendant I association on November 12, 2008, December 7, 201, and April 19, 2012.

[Ground of recognition] Facts without dispute, Gap 5-2, 3, and 6-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 2, 1939, the Plaintiff asserted that the Plaintiff purchased each land listed in the separate sheet No. 2 from P on March 2, 1939.

J’s land registry was lost at least after 1970 due to negligence in managing the land. In light of the fact that the above four persons were written as co-owners of J-owned land in the forest name keeping book, and that the entry of the register of the register of the land in attached Table 2 acquired by the above four persons as co-owners of J-owned land on the same day is consistent with the forest name keeping book, 1/4 shares out of each of the land in this case are owned by the plaintiffs’ fleet L.

Therefore, with respect to the share of net L among each land of this case to the plaintiffs who are successors, the defendant Republic of Korea shall make registration of preservation of ownership, which is null and void of cause, and the remaining defendants shall make registration of ownership transfer based on it.