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(영문) 청주지방법원충주지원 2016.04.28 2014가단5350
지상권설정등기말소
Text

1. The Defendants shall provide the Plaintiff with each inheritance share listed in the separate sheet No. 1, listed in the separate sheet No. 2.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is the owner of each real estate listed in the separate sheet No. 2 (hereinafter “each of the instant real estate”), and each of the instant real estate is the land partitioned from the T-Land (hereinafter “instant T-Land”).

B. On September 17, 1970, the Plaintiff trusted the instant land to U and V, a final cause. W completed the registration of creation of superficies (hereinafter “registration of creation of superficies”) for the duration of 30 years from December 5, 1973, under the Cheongju District Court Decision No. 16491, Dec. 17, 1973, which was received as Cheongju District Court Decision No. 16491, Dec. 17, 1973.

C. The registration of creation of superficies of this case was set up by W in order to obtain a guarantee for the right to cut all the above trees while purchasing trees on the land of this case, and W did not only cut trees around 1974 but also completed its duration, so the registration of creation of superficies of this case must be cancelled.

W, on February 11, 1976, the Defendants died and succeeded W property according to their respective inheritance shares listed in the separate sheet No. 1.

E. Therefore, the Defendants are obligated to implement the procedure for registration of cancellation of the registration of creation of superficies of this case, which completed each inheritance share listed in the separate sheet No. 1.

2. The judgment of Defendant G, H, and M all recognize the Plaintiff’s assertion, and the remaining Defendants are deemed to have led to the confession of all the Plaintiff’s assertion in accordance with Article 150(3) of the Civil Procedure Act. As such, the Defendants are obliged to implement the procedure for the cancellation registration of the registration of the creation of superficies of this case, which completed each inheritance share listed in the separate sheet 1

3. In conclusion, each of the claims against the Defendants of this case against the Plaintiff is justified, and it is so decided as per Disposition.

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