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(영문) 전주지방법원 2016.01.27 2015가단25039
원인무효에 의한 특조법말소등기
Text

1. The Defendant shall have the Jeonju District Court with respect to the Plaintiff’s share of 1/2 of each real estate listed in attached Table No. 1.

Reasons

1. Basic facts

A. The land in the attached list No. 1-A, Paragraph (c) is the land under circumstances by Non-Party D (Name D prior to the name of the name) on November 18, 1981, and the land in the attached list No. 2 is the land owned by Non-Party E of the original network C, which was owned by Non-Party E after March 29, 1949.

B. In accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, effective, and current Act on Special Measures for the Registration of Ownership; hereinafter “former Act on Special Measures for the Registration of Real Estate”), the Defendant: (a) prepared a certificate of guarantee from H, etc. that “each of the above real estate was donated by the Defendant and Nonparty I in 1/2 shares on January 5, 1960; and (b) completed a registration of ownership preservation as stated in the order; and (c) prepared a certificate of guarantee that “the above real estate was donated by the Defendant and Nonparty I in 1/2 shares on January 5, 1960, respectively; and (b) completed the registration of co-ownership transfer as described in the order.”

C. In addition, on July 9, 1996, the Defendant re-divided the J Forest into J Forest 7,116 square meters, K Forest 7,115 square meters, which was divided from the land of the port of paragraph (a) of the attached Table 1 of the annexed Table 1. On July 30, 1996, the Defendant made a co-owned share transfer registration under the name of the Defendant of J Forest i and K forest under the co-owned share transfer registration through an agreement with I on the partition of co-owned property.

On the other hand, on August 16, 1972 and May 11, 1992, the land of paragraph (a) of the attached Table 1 is divided into J Forest land 14,231 square meters, L road 9 square meters and M road 149 square meters on May 11, 192, and the ownership is transferred to Kim Jong-si (hereinafter at the time of acquisition of public land) on November 23, 1994 due to public land consultation. K forest is divided into 2,575 square meters of K forest and 4,540 square meters of forest and field on March 25, 2009, and is currently divided into 2,575 square meters of forest and field.

E. I is the head of the net C, and the plaintiff is the son of the net C, who is the son of the net C, the son of the net C, the net C on August 20, 1968, and the net F on January 1, 1951, respectively, and the plaintiff jointly inherited the net C's property and solely inherited the net F's property.

[Ground of recognition] There is no dispute.

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