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(영문) 창원지방법원진주지원 2016.08.12 2015가단36330
소유권이전등기
Text

1. As to the plaintiffs, 3,492 square meters of forest E in South-Namnam-gun:

A. Defendant C is the Changwon District Court.

Reasons

1. Facts of recognition;

A. 1) The deceased G, the son of the deceased F (Death on August 2, 194) (Death on January 9, 1954) succeeded to the deceased F’s inherited property independently. The deceased H (O on April 7, 1973) inherited the deceased G’s inherited property independently. The deceased H (O on April 7, 1973), the wife of the deceased H, and the Plaintiffs, the wife of I and children, and the J, K, L, M, N,O (hereinafter “Defendant clan”) Defendant C, the wife of the Defendant C (hereinafter “Defendant clan”), is the owner on the register of forests and fields E, 3,492 square meters (hereinafter “the forest of this case”) in the South-Namn Sea-gun, and the Defendant D is the former owner on the register of forest of this case.

B. 1) The deceased F was assessed on September 10, 1914 on the forest of this case. 2) Defendant D completed the registration of preservation of ownership on the forest of this case by the Changwon District Court (No. 7500, May 26, 2005; hereinafter “Special Measures Act”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

(3) On December 4, 2014, Defendant clan received the donation of the instant forest from Defendant D on December 4, 2014, and completed the registration of transfer of ownership on December 10, 2014 (hereinafter “registration of transfer of ownership”). As to the forest of this case, the Changwon District Court of Changwon District on December 10, 2014, the registration of transfer of ownership is completed (hereinafter “registration of transfer of this case”).

C. Defendant D, at around December 10, 207, prepared a letter of guarantee stating the false fact that the instant forest was registered in F’s name on September 10, 1914, and Defendant D’s father Q was not owned by F or its descendants, G, H, A, and B, and was owned until now after inheritance from Q from Jun. 13, 1986, although there was no false fact that the instant forest was owned by F or its descendants, Defendant D was registered in F’s name on September 10, 1914, and the name of each guarantor by deceiving R, S, and T, as Defendant D was the legitimate owner of the instant forest.

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