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(영문) 수원지방법원 2017.08.08 2017가단8988
소유권이전등기말소등기
Text

1. The Defendant is the Suwon District Court with respect to the share of 33025 square meters in the wife population C, and 4/84 square meters in the forest, which is permissible to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. In the land survey division prepared during the Japanese occupation period, the land survey division was registered as a joint situation by the D, E, F, G, H, I, and J (hereinafter “instant assessment titleholder”) with a size of 33025 square meters (hereinafter “instant forest”).

(2) On November 26, 1971, K, L, M, N,O, and P filed a registration of preservation of ownership with respect to each of 1/6 shares of the forest of this case with respect to the Suwon District Court K, L, M, N,O, and P under No. 14404.

(3) As K died on June 27, 198, K’s 1/6 shares in the forest of this case were jointly inherited to Q, R, S, T, U, andV on December 21, 2009, and the registration of transfer of shares under Q, etc.’s inheritance shares ( Q 4/84 shares, R, S, T, U 1/84 shares, V6/84 shares) with respect to the forest of this case was completed on December 21, 2009.

(4) As the P died on October 3, 1984, among the forest land of this case, the 1/6 shares of P was inherited solely by W and the registration of transfer of shares in the name of W was made on August 7, 199.

(5) On September 1, 2015, the Defendant purchased each of the above shares in the forest of this case from Q, S, R, and U. On September 1, 2015. On September 24, 2015, and October 5, 2015, the Suwon District Court’s Registry receipt No. 183964, 18165, 18816, and 188167.

(6) On March 7, 2016, the Defendant purchased 1/6 shares in the forest of this case from W, and completed the registration of ownership transfer under the name of the Defendant on May 3, 2016, as the receipt of the said shares on May 3, 2016.

(7) X died on December 10, 1999, and the Plaintiff is one of the co-inheritors as X’s children.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. (1) Determination is based on the following: (a) the title holder of the land under the former Land Survey Decree (Ordinance No. 23, Aug. 13, 1912) acquired the relevant land at the original time; and (b) if the land survey division was established and circumstances were given to the group, the title holder or his/her heir is the land owner, and the land is the land owner.

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