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(영문) 서울동부지방법원 2015.04.21 2014가합9883
소유권보존등기말소 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”), the Appointed Party D, E, F, G, the Non-Party Network H, and the network I are the persons of Nonparty J respectively.

The Appointer K is the wife of the network H, the Appointer L, and M are the persons of each network H.

The N is the husband of the network I, the observerO, and the P are the persons of each network I.

B. On October 7, 1983, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) with respect to C forest land C 194,479 square meters (hereinafter “instant real estate”) under the receipt of the Pakistan District Court’s registry office (hereinafter “instant registration of preservation of ownership”).

C. The Plaintiff, Appointers D, E, F, G, N, P, network H, and J (hereinafter “the Plaintiffs of the previous suit of this case”) filed a lawsuit in the Seoul Eastern District Court (97Gahap5556) stating that “the Defendant shall implement the procedure for the registration of cancellation of the registration of cancellation to the Plaintiffs of the previous suit of this case” in the Seoul Eastern District Court (97Gahap556).

On January 27, 200, from Seoul High Court (99Na31256) to the appellate court (99Na31256) against the above 97Gahap556 decision, the mediation (hereinafter referred to as the “mediation of this case”) was established between the Plaintiffs and the Defendant, which included the provision that “the Defendant shall implement the procedure for registration of cancellation of registration of ownership preservation, which was completed to the Plaintiffs of the previous suit of this case as to the 2/3 share of the instant real estate, to the Government District Court No. 20832, which received the registration office of Pakistan, and to confirm that the instant real estate is owned by the Plaintiffs of the previous suit of this case.”

On April 3, 1997, the same registry office received the instant real estate on March 27, 1997, and the pre-announcement registration for cancellation of ownership was completed on the ground of the filing of a lawsuit (97 Gohap5556) with the Dong Branch of the Seoul District Court on March 27, 1997, and on October 31, 2005, the pre-announcement registration for cancellation of ownership was changed by the pre-announcement registration for cancellation of ownership on the ground of “the completion of conciliation on January 27, 2000” on the 2/3 portion of the instant real estate as the receipt of the same registry office on October 31, 2005.

On the other hand, the receipt of the same registry office on March 3, 2015 was 15913, and among the real estate in this case, 3243.16/19479.

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