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(영문) 수원지방법원 2016.09.21 2016가단23782

소유권말소등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Evidence 【Evidence】1, A2-1 through 4, A3-1, 2, A4-1 through 3, A5-1, 2, A6, A7, and the purport of the whole pleadings;

A. On November 30, 1965, the Plaintiff completed the registration of ownership transfer on November 30, 1965 under the name of the Plaintiff (former E) on November 30, 1965, with respect to 1/3 shares in the 5-3-7 forest land D, Chungcheongnam-gun, Chungcheongnam-gun. < Amended by Act No. 1683, Nov. 30, 1965>

B. On June 19, 1965, the said 5-3-7 square meters of forest land D, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, was divided into 50,083 square meters of F forest land and 3,223 square meters of G.

C. On May 22, 1976, the Plaintiff issued and delivered a promissory note to secure 500,000 won from H, and at the same time registered the right to claim transfer of ownership under the H’s name with respect to the I forest land owned by the Plaintiff.

Meanwhile, on August 24, 1976, H applied for a compulsory auction for the Plaintiff’s share out of the above D Forest on the basis of a promissory note No. 1976, and the Plaintiff, who became aware of this, applied for a compulsory auction for H’s compulsory auction to friendly J around May 197, and 50,000 won and a seal imprinted.

However, on May 4, 197, 197, the J withdrawn the application for compulsory auction, and on May 4, 197, the address of the Plaintiff on the Real Estate Registration Injury changed to K in Gangnam-gu Seoul, and completed the registration of ownership transfer with respect to the Plaintiff’s share out of 50,083 square meters of the above F Forest land in his wife name.

M on the ground of the sale on December 22, 1987, M completed the share transfer registration with respect to the above L/A portion among the above F-F-land No. 50,083 square meters on January 21, 198. On August 19, 1988, the above F-F-land No. 50,083 square meters was divided into the above F-land No. 14,876 square meters and 35,207 square meters on August 22, 198, and each ownership transfer registration was completed as zero owned by zero,876 square meters on August 22, 198.

E. Thereafter, the registration of ownership transfer was completed in sequence in P, Q, and R’s name with respect to the land of this case on October 18, 1999. After S acquired ownership of the real estate of this case on October 18, 199, Defendant B purchased 3520.7/35207 shares among them on September 15, 2003. < Amended by Presidential Decree No. 18095, Sep. 15, 2003>