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(영문) 청주지방법원 2015.09.02 2014가합28661
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a clan that makes S a common ancestor.

B. On December 15, 1917, the Defendant’s network T was divided into 45,719 square meters of RA forest (U. 44,871 square meters on March 6, 2013; hereinafter “instant land”; 848 square meters of RA forest after the division into the instant land; hereinafter “instant land”; 848 square meters of RA forest after the division into the instant land; and hereinafter “instant land 2”).

C. On February 13, 1932, in the forestry cadastral book of the instant land, the network T transferred the ownership of the instant land to the network V, networkW, and X, which is the Defendant’s final cause.

With respect to the land of this case in unregistered condition, the defendant has obtained a certification from the guarantor Z, AA, and AB, who is a resident living in the above Y on July 9, 2006, that "the defendant purchases the land of this case and actually owns it as of November 10, 1962 (in the case of X, from AC in the case of X, from AD in the case of netW)," and on July 14, 2006, the "Special Measures Act on Special Measures for the Registration, etc. of Ownership of Real Estate" (Article 7500 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, hereinafter referred to as the "Special Measures Act").

The applicant filed an application for issuance of a certificate under this Act, and the Chungcheong Mayor issued a written confirmation on October 4, 2006 after the public notice period under this Act has expired, and the Defendant completed registration of preservation of ownership in accordance with the Act on Special Measures for Cheongju District Court Decision 4418, Jan. 31, 2007, based on this, on the land of this case.

E. On the other hand, after the instant land was divided as seen earlier, Chungcheong Mymana Co., Ltd. acquired the instant land on May 22, 2013 through consultation, completed the registration of ownership transfer arising therefrom on May 23, 2013, and paid KRW 732,893,000 as compensation for losses to the Defendant on May 22, 2013.

F. The plaintiffs are the deceased members of the defendant's clan as the deceased members' descendants of the net V and net W, whose owner was entered in the forest land register of this case, and the plaintiffs 1 through 9 among them, and the remaining plaintiffs are the deceased W.

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