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(영문) 창원지방법원마산지원 2016.05.20 2016가단100013
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. The instant forest was assessed on July 5, 1914 by the Defendant’s father-D on the instant forest.

D A deceased on August 10, 1950, and the defendant's property was inherited to Australia.

B. E died on June 2, 1981.

On August 19, 2008, 17 successors, including the Defendant, agreed on the division of inherited property by the Defendant’s sole inheritance of the instant forest land. Accordingly, the Defendant completed the registration of preservation of ownership on October 14, 2008 of the instant forest land.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant’s wife’s summary of the Plaintiff’s assertion transferred the instant forest land to F as payment in lieu of rice borrowed from 50 years ago, and the Plaintiff purchased it from F around 194, and thereafter occupied and used it until now and paid property tax.

Therefore, the actual owner of the forest of this case is the plaintiff, and the registration of preservation of ownership in the name of the defendant is the registration of invalidation of the cause of completion regardless of the substance.

B. 1) First of all, we examine whether the net F (Death at around 1994 to 1995) acquired the forest of this case from the network E in about 50 years prior to the acquisition of the forest of this case. The evidence that seems to correspond to this part is a witness G and H’s testimony and evidence No. 1 (the evidence No. 4 was submitted, but this is all included in the testimony in the statement of H, and thus no separate judgment is made. However, the witness G, a witness of the networkF, testified that he first raised the fact that he owned the forest of this case from F for the first time around 1993, and the witness H testified testified that the above fact was about 20 years prior to the 20-year period, and testified only as a written lawsuit before it.

However, even if the acquisition of real estate caused by payment in kind was 50 years ago, the disposal documents such as the contract, or others are different.

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