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(영문) 춘천지방법원영월지원 2014.02.12 2013가단4895

소유권이전등기 말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the south of the net E (Death on July 4, 1995), the south of the deceased D (Death on November 23, 1982).

B. Around August 4, 1955, D completed registration of preservation of ownership with respect to F forest land of 14,182 square meters and G forest land of 9,471 square meters (hereinafter “forest land subject to clearing”) in Gangwon-gun, Gangwon-gun, Gangwon-gun, and the subsequent changes are as follows.

(1) After dividing the number of forest land to be reclaimed, the land category register on November 24, 1991 ( April 8, 1986), and the registration date, cause, and owner’s F forest land register on November 27, 1991 ( April 9, 1986) and 14,182 square meters (4,290 square meters) on June 21, 1980 (11, 1980.6.11, H, I, J. 1, Y (30,090 square meters) G 99,471 square meters (30,090 square meters) G 38,168 square meters (30,090 square meters), Plaintiff 16,236,500 square meters on October 17, 1995 (M. 195.4, 195) and Defendant 193 square meters on May 3, 1994 (M. 195.3. 195).195 square meters

C. On December 10, 1967, at the time of the application for permission for reclamation, R drafted a letter of transfer of the right to transfer 2/3 of the farmland created to the Defendant to the occupants of the land (hereinafter “instant letter of transfer”) with the consent of a third party (around January 6, 1968) of undeveloped forest land (a total of 24,00 square meters, 3,00 square meters of F forest, and 21,000 square meters of G forest). Accordingly, on January 6, 1968, R obtained authorization for the completion of the land reclamation on December 38, 1968 (a total of 24,00 square meters, 3,00 square meters of F forest, and 21,000 square meters of G forest).

On December 27, 1985, the defendant completed the survey of the actual survey of land to be reclaimed, and on April 8, 1986, the division and the registration conversion was made as above.

E. On May 3, 1994, R drafted a donation contract under which the Defendant donated the instant real estate to the Defendant (hereinafter “instant donation contract”). The Defendant loaned the instant real estate to a third party from May 24, 1994 after completing the registration of ownership transfer due to the said donation.

F. The plaintiff.