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(영문) 청주지방법원영동지원 2019.09.20 2019가단288
지상권말소
Text

1. The Plaintiff:

A. As to the shares of Defendant B, C, D, E, and F, among the shares of 85983 square meters in the Jandong-gun, Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. The Plaintiff to display the claim owns one-fifth of the 85983 square meters of J-gun, Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant 1 forest”), and one-six-six of the 86380 square meters of K forest land (hereinafter “instant 2 forest”) respectively.

L has completed the registration of creation of superficies (the ownership and scope of trees for the purpose: ownership and duration of land: 5 years from October 1, 1973, and superficies: L: 21 as of January 9, 1974 from January 4, 1974, for the purpose of establishing superficies (the ownership and scope of trees for the purpose of the contract: ownership and duration of land: 5 years from October 1, 1973, and : : hereinafter superficies) on October 1, 1973 as of October 23, 1973, for the forest land of this case No. 21 of this case as of January 9, 1974, such as the same support, etc., and completed the registration of creation of superficies (the scope of possession of trees: the entire land, the duration of land: 7 years from January 4, 1974, and the duration of superficies) on the ground of the contract for establishing superficies.

On March 6, 2013, L jointly succeeded to the property of Defendant B, C, D, E, F, and M, a child of L, and the Defendants jointly succeeded to the property of M on November 18, 2013 by the death of M on November 18, 2013, Defendant G and Defendant H and I, a spouse of M, jointly succeeded to the property of M.

However, since each of the above superficies has expired with the expiration of the duration, the Defendants are obligated to implement the registration procedure for cancellation of each of the above superficies creation on the Plaintiff, the co-owners of the forest land No. 1 and the forest land No. 2 in this case.

2. Applicable provisions;

(a) Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act of Defendant B, C, D, E, F, G, and H (a)

B. Article 208(3)3 of the Civil Procedure Act (amended by service by public notice) of Defendant I

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