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(영문) 의정부지방법원 2015.12.09 2014가합5521
가등기의 말소등기절차이행
Text

1. On July 2012, the Defendant: (a) on each land listed in the separate sheet to the Plaintiff, the Government Registry of the District Court.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants of A Sier C, and the defendant is a clan consisting of descendants of D's spouse E, who is three years old descendants of C.

B. On October 10, 1917, the 19th 5th 5th malle of F Forest in Yangju (hereinafter “the forest before division”) was the joint name of K’s clan HH members I and the 4th mal descendants of K, consisting of the descendants of G, who are six-year-old descendants of C, 193, 785m2 (hereinafter “the forest before division”) in Yangju-si, consisting of the descendants of G, who are six-year-old descendants of C (hereinafter “H HH members”).

After that, on May 20, 1970, the registration of preservation of ownership in the name of "A" was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 211).

Afterward, forest land before subdivision became each land listed in the separate sheet through division, etc. (hereinafter referred to as "each land of this case").

On March 8, 2006, each application error with regard to each land of this case, the registration of cancellation or correction of the indication of each registered titleholder was completed on September 22, 2006, where the address of each registered titleholder was corrected by M at two weeks, and the registration of correction of indication of each registered titleholder was completed on September 22, 2006 (hereinafter “registration of correction of indication of each registered titleholder of this case”).

C. The clan clan clans, consisting of the Plaintiff and D descendants, filed a lawsuit against H clans to cancel the registration of the indication of the titleholder and the registration of the change thereof, etc. under this Court 2009Gahap2993, which was dismissed. Accordingly, the Plaintiff and NJs appeal (Seoul High Court 2010Na76711). On June 30, 2011, the above court rendered a judgment that “The part against the Plaintiff, who is the primary Plaintiff in the judgment of the first instance, shall be revoked. He shall implement the procedure for each registration of the cancellation of the registration of the indication of each of the instant titleholders in relation to each of the instant land, and shall confirm that HJs and the Plaintiff owned each of the instant land.”

Accordingly, the final appeal by HJ was filed by the Supreme Court (Supreme Court 2011Da59827), but the Supreme Court on October 13, 201.

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