beta
(영문) 청주지방법원제천지원 2017.11.29 2017가단427

토지지상권설정등기말소

Text

1. The Defendants shall support the Plaintiff with respect to each of 1/4 shares of the F Forest No. 56,486 square meters in Cheongcheon-si District Court.

Reasons

1. Facts of recognition;

A. On March 13, 1975, the Plaintiff’s attachment completed the registration of creation of superficies for the duration of 30 years from September 30, 1974 with respect to F forest land 56,486 square meters (hereinafter “the instant forest”) in Cheongju District Court Decision 12276 square meters (hereinafter “the instant forest”).

(hereinafter “the instant superficies”). G completed the registration of the transfer of superficies to B on April 24, 1975, and B completed the registration of the transfer of superficies to H on November 12, 1987.

B. H died on May 16, 2016

(hereinafter referred to as “the deceased”). At the time of the deceased’s death, wife I, K, L, L, M, N,O, grandchildren, P, Q, S, U, V, W, X, X, Y, and Z were reported to the competent court on June 23, 2016.

C. At the time of the deceased’s death, the Defendants, a sibling, is the second-class inheritor.

The plaintiff is owned by inheritance from the plaintiff's father of the forest of this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition, since the superficies of this case expired on September 30, 2004, the superficies of this case is deemed to have expired on September 30, 2004, the Defendants, who are the inheritors of the deceased, are obligated to implement the procedure for registration of cancellation of the superficies creation for each of 1/4 of the forest land of this case, to the Plaintiff, the owner

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.