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(영문) 광주지방법원목포지원 2014.05.01 2013가단4461
부동산소유권이전등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 25, 1918, G, H, I, J, and K (hereinafter “the title holder of the instant forest land”) was registered as the owner in the instant forest land register under his/her name on the grounds of the circumstances with respect to 15,249 square meters of forest land Franchis (hereinafter “instant forest land”).

B. Thereafter, on June 30, 1995, the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed as co-owners of the shares of 1/3 shares in Gwangju District Court under the Act on Special Measures for the Transfer of Real Estate Ownership (Act No. 4502; hereinafter “First Special Act”) and the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed as co-owners of each of the shares of 1/3 shares under Article 7218 under the Act on Special Measures for the Transfer of Real Estate Ownership, which was in force at the time with respect to the forest of this case.

C. On September 6, 2007, the Defendant completed the registration of transfer of ownership in the name of Gwangju District Court on June 30, 1995 pursuant to the Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 7500, hereinafter “the Second Special Act”) that was in force at the time with respect to the sum of 2/3 shares of net L and Plaintiff D, among the forest of this case, and the registration of transfer of ownership in the name of the Defendant (hereinafter “the registration of transfer of ownership in the name of the Defendant”) under No. 54196.

On the other hand, the deceased on November 28, 201, and the Plaintiff B and C, their spouse, jointly succeeded to the deceased L's property.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, 5, and 12, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that the forest land of this case was owned by the O type, to which Plaintiff D, etc. belongs (hereinafter “O type”). At the time of the instant forest situation, the forest land of this case was registered in title by means of undergoing circumstances under the name of the titleholder of the instant forest situation at the time of the instant forest situation, and the first special assistance method was enforced when the first special assistance method was enforced while the registration of preservation of ownership was not yet made.

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