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(영문) 전주지방법원 남원지원 2018.05.23 2017가단613
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 1920, the network E was under the assessment of the F forest land in the Net Chang-gun.

Meanwhile, the instant forest is divided into the instant forest and forest that was divided into the instant forest and forest and the instant forest and the instant forest and the instant forest and the instant forest are divided into F forest and the instant forest and the instant forest and the instant forest and the instant forest and the instant forest and the instant forest and the instant forest

B. On June 21, 1994, the Defendant completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

The letter of guarantee in the name of G, H, and I attached to the Defendant to obtain a written confirmation necessary for the application for preservation registration under the above Act contains the following: “The Defendant purchases the forest land of this case from E on December 17, 1984, and actually owns it.”

C. The network E died on May 2, 2001.

The plaintiff is one of the children of the network E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, and 15, each fact inquiry result of this court's net Chang-gun Office, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the parties’ assertion 1) The Plaintiff’s father, the Plaintiff’s father, acquired the ownership of the instant forest under the circumstances, and the Plaintiff is the deceased’s heir. On the other hand, the Defendant completed the registration of ownership preservation of the instant forest, which was null and void without any cause. Therefore, the Defendant, as a co-ownership holder of the instant forest, is obligated to implement the registration procedure for cancellation of ownership preservation of the instant forest, seeking to exclude interference from the act of preserving the instant forest. (2) The Defendant’s trust is merely a title trustee

The deceased J, the father of the defendant, purchased part of the forest land of this case in around 1957, and the defendant side in around 1994 from K, which was the actual owner of E or the forest of this case.

Afterward, the Defendant had completed the registration of preservation of ownership of this case under the Act on Special Measures.

This is effective.

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