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(영문) 대전지방법원서산지원 2019.03.28 2018가합50460
소유권말소등기
Text

1. As to the real estate stated in the separate sheet Nos. 1 through 3, 7 through 17, to the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the head of the net F, and the Plaintiff A, C, and D are South Korea of each network F, North Korea, and South Korea of each network F, and the Plaintiff B was born into three Korea of the network F, but was entered into the name of the network G, which is the birth of the deceased F.

B. On August 13, 1974, the Plaintiffs and the Defendant’s head-nam H completed the registration of each combination of real estate on the grounds of sale on August 10, 1974 with respect to 28,789 square meters of J-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the indication of real estate”) owned by the network F, and 1,974 square meters of J-J-gun, and 1,974 square meters of land before K, L miscellaneous land, 5,670 square meters of land, M 1,820 square meters of forest, N forest, 8,231 square meters of land, 5,058 square meters of O forest, and 5,058 square meters of land (hereinafter “real estate before the instant partition”).

C. Meanwhile, on the other hand, on December 29, 1983, the Defendant completed each registration of ownership transfer on the ground of sale on December 30, 1974, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3562, Apr. 3, 1982; hereinafter “Special Measures Act”).

The real estate before the instant partition was successively divided, merged, and registered as shown in the list of real estate changes in attached Form 2.

On July 27, 2010, the Defendant completed the registration of ownership transfer of 496 square meters of I forest land, Q forest land, 11062 square meters of R forest land, and 138 square meters of R forest land, and the registration of ownership transfer of 93/2604 square meters of S warehouse site (Attached 17 No. 2604 square meters), and completed the registration of ownership transfer of 1606 square meters of T forest land on June 29, 2004 with respect to 1606 square meters of T forest land.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 through 3, 6 through 11, 13 through 18, and the purport of the whole pleadings

2. The parties' assertion

A. Each of the real estate listed in the separate sheet No. 1 of the plaintiffs' arguments (hereinafter "each of the real estate of this case") was purchased by the network W, which is the evidence of the plaintiffs and the defendant, but succeeded to the network X (the plaintiff and the defendant's assistance).

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