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(영문) 의정부지방법원 2016.09.28 2016가단15778
소유권보존 및 이전등기 말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant completed the registration of transfer of ownership as to the real estate listed in the separate sheet No. 28353, May 12, 1995 with respect to the real estate listed in the separate sheet No. 1, 28353, and as to the real estate listed in the separate sheet No. 3 (3,570 square meters in Yangju-si, and hereinafter referred to as “instant land”).

(2) On August 4, 1998, the Plaintiff filed a lawsuit with the Government Branch of the Seoul District Court demanding that “the Defendant shall implement the procedure for cancelling the registration of each transfer of ownership completed as of May 3, 1995 by the above court No. 28353, May 12, 1995, with respect to the Plaintiff as to the 7,438 square meters of forests and fields and the above E-132 square meters of forests and fields in Yang-gun-gun-gun, Yangyang-gun-gun, and as to the above 3,570 square meters of forests and fields,” which was completed by the above court No. 26489, May 3, 1995.

(3) In the judgment rendered on May 26, 199 (hereinafter “the final judgment rendered on May 26, 199”), the above court recognized that “each of the land in this case was originally owned by the defendant clan and was entrusted with the F, which is the cause of the clan at the time of the land situation, and terminated it, and completed the registration of preservation of ownership by trusting the title of the defendant clan to five members, including the clan G, etc., and completed the registration of preservation of ownership as the combination of the above five members, and later, the defendant clan terminated the title trust and completed the registration of transfer of ownership as described in the purport of the claim” and dismissed the plaintiff’s claim on the ground that the registration of transfer of ownership in each of the land in this case is valid registration consistent with the substantive relationship.

The above judgment was finalized on February 14, 200 after the appellate court (Seoul District Court Decision 99Na49797 delivered on November 5, 199) and the final appeal (Supreme Court Decision 9Da67987 delivered on February 9, 200).

[Grounds for recognition] Gap, Eul 1-1-3, 2, and 3, the purport of the whole pleadings

2. (1) The Plaintiff, etc., a child, died on October 11, 1942, and succeeded to the instant real estate by the head of H, South Korea, while H died on February 12, 1974.

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