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(영문) 춘천지방법원속초지원 2014.11.25 2013가단3066
소유권보존등기말소등
Text

1. Defendant Republic of Korea shall have the Chuncheon District Court with respect to Defendant B, C, D, E, and F with respect to 417 square meters in Gangwon-gun G field.

Reasons

1. The Plaintiff’s summary of the cause of the Plaintiff’s claim (hereinafter “instant land”) is the land for which H is assessed, and the registration of preservation of ownership in the name of the Defendant Republic of Korea, which was completed with respect to the said land, is null and void.

On the other hand, H donated the instant land to I, a birth, and sold it to K in around 1971 by J, one of the children of I, who cultivated and occupied it as a debate, and sold it to the Plaintiff on January 1, 1988. The Plaintiff had cultivated and occupied the instant land as a debate since that time.

Therefore, the Plaintiff acquired the instant land by prescription on January 22, 2008, and thus, Defendant B, C, D, E, and F, the heir of H, are obligated to implement the procedure for the registration of ownership transfer for the said land.

In addition, the Plaintiff, as the claimant for ownership transfer registration against the above Defendants, seeks the cancellation of registration of ownership preservation against the Defendant Republic of Korea on behalf of the above Defendants.

2. Determination

A. Defendant B, C, D, E, and F (Article 208(3)2 of the Civil Procedure Act) Defendant B, C, D, and E Confession judgment (Article 208(3)2 of the Civil Procedure Act) by Defendant F Service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(2) of the Civil Procedure Act), Defendant B, C, D, E, and F are liable to the Plaintiff to implement the registration procedure for transfer of ownership on January 22, 2008 for each portion of the instant land as indicated in the separate sheet.

B. According to the Land Survey Book drawn up at the first Japanese occupation point of the part of the claim against Defendant Republic of Korea, the land of this case is indicated as being the situation of H, and the Defendant Republic of Korea completed the preservation of ownership on the land of this case under 5853 by the High Court of Chuncheon District and the High Branch of the Chuncheon District Court on July 4, 2006, and the above H is deemed to have died on the expiration date of the period of disappearance upon being adjudicated by the adjudication of disappearance on April 29, 198 and the said adjudication became final and conclusive. The Defendants are the heir of H.

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