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(영문) 수원지방법원여주지원 2014.05.29 2013가단2827
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. Basic facts

A. The real estate indicated in the attached list (in sequentially referred to as “the instant real estate” and collectively referred to as “the instant real estate”) was divided into KRW 16155 square meters of forests and fields D (hereinafter “the instant forest and field before the instant partition”) located in the Y-gun in the Gyeonggi-do.

B. (i) As to the instant real estate unregistered, registration of preservation of ownership in the name of the Defendant B (hereinafter “registration of preservation of ownership of this case”) was completed on March 18, 1971 under the Act on Special Measures for the Registration, etc. of Transfer of Forest and Forest Ownership (amended by Act No. 2111, May 21, 1969; hereinafter the same) pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Forest and Forest Ownership.

B. On December 20, 1973, the registration of the share transfer in the name of the Defendant C was completed on the ground of the purchase and sale of the instant real property, as Suwon District Court Branch No. 9929 on June 16, 1981. On May 30, 1985, the registration of share transfer (hereinafter “the share transfer registration in the name of the Defendant C”) was completed on March 18, 1971 with the Suwon District Court No. 2503 on March 18, 1971.

Article 1124 of the title trust termination on March 5, 2006 with respect to the real estate No. 1 of this case, the registration of ownership transfer in the name of Suwon District Court in the name of the species (hereinafter referred to as the “Defendant clan”) of the defendant Jeon Jong-dong, Young-gun, Military Branch (hereinafter referred to as the “Defendant clan”) was completed on October 14, 2010 on the ground of termination of title trust on October 11, 2010.

C. Meanwhile, the cadastral record on the forest land before the instant partition was destroyed at the time of the Korean War, and the previous owner’s column for the land cadastre regarding forest land which was arbitrarily restored before April 1, 1976 was recorded as being transferred to Defendant B after the assessment of the forest land before the instant partition to E, the Defendant’s father.

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