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(영문) 춘천지방법원원주지원 2014.05.27 2013가단4325
소유권이전등기말소
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 descendants of G, who are the captain of Chosun E, FFC 13 years of age are as follows:

13: G 14 years of age: 15 years of age for 16 years of age for 1: J, 2 persons K, 3 persons L 16 years of age for 1: J 17 years of age for 1 person M, 2 person N 17 years of age for 18 years of age for 1 person M, 2 person N : N 18 years of age for 1 person

B. The plaintiff, as a member of the above G, obtained his citizenship to study in the U.S. around 1964 as a member of his family, and resided in the U.S. around 1995 until he returned to the Republic of Korea, and the defendant is a clan with the aboveO as a joint group of descendants.

C. On May 29, 1915, the first land Nos. 1 and 2 of the instant case was examined in the name of P and four other persons. However, the owner’s column of the Land Survey Division stated that “second-class property” is indicated under the owner’s column.

After that, on July 28, 1942, the land Nos. 1 and 2 of this case was transferred to Q, the father of the plaintiff.

The land No. 1 was registered as Q, and was transferred to R on June 4, 1965 under the former Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Act No. 1657, invalidation, and invalidation; hereinafter "farmland Special Assistance Act"), and thereafter on May 2, 1981 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, and invalidation; hereinafter "Real Estate Special Assistance Act"), the ownership was transferred to the Defendant on October 20, 1970.

E. On June 8, 1965, the title holder of the land of this case registered the preservation of ownership in R (Provided, That on June 4, 1965, the ownership transfer registration was made on the ground of sale on October 20, 1970 by Q from the old land cadastre to R on June 4, 1965) and thereafter on May 2, 1981 under the Real Estate Special Coordination Act.

F. On the other hand, while SJ as a joint group, composed of descendants, it stated that “In the name of P and four persons as in 1915, as in the name of P and four persons as in the name of P as in 1915, the land survey division’s owner column is indicated as “J property” under the land survey division’s owner column, and July 28, 1942.

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