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(영문) 창원지방법원 2016.03.31 2015나34509
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The owner in the forest land register and inheritance relationship 1) M forest land 11901m2 at the time of subdivision prior to the division (hereinafter “the forest land prior to the division of this case”).

After the assessment was conducted on March 1, 1918 under the name of the State, F was conducted on July 1, 1932, and F completed the ownership transfer registration on the forest land before the instant division. 2) F died on July 23, 1954, and G, a South-North and Australia heir, succeeded to the property of this case, including the forest land, solely by himself.

3) G died on September 20, 1960, and as his inheritor on September 20, 1960, H, the plaintiffs, I, and J, the South-North Korea heir, the inheritance shares of H are 3/8, the plaintiffs, and I are 1/8, and the J are 2/8, respectively. 4) H died on June 14, 1994. There are the Defendants as their inheritor. The inheritance shares of Defendant D, the spouse, are 3/7 and 2/7, respectively.

B. The legal relationship of the instant forest land 1) H is the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 3562 of Apr. 3, 1982; hereinafter “Special Measures Act”).

(2) Pursuant to the reasoning of the judgment below, the registration of initial ownership was completed in relation to the forest of this case, which was divided as follows: (a) No. 5939 on May 7, 1985, which was received on May 7, 1985; (b) the registration of initial ownership was completed in relation to the forest of this case, which was divided as follows:

(2) Defendant C completed the registration of ownership transfer as of November 15, 1994 on the ground of inheritance due to consultation and division on June 14, 1994 with respect to the forest land before the instant division (hereinafter referred to as “Defendant C’s registration of ownership transfer”), as of November 15, 1994, the registration of ownership transfer is completed as of November 3, 1995 (hereinafter referred to as the “registration of ownership transfer”). The forest land before the instant division was divided as of October 6, 1995, as the forest land before the instant division was divided as “H”).

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