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(영문) 춘천지방법원 2019.08.28 2018가합51181
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Presumed factual basis

A. On March 11, 1998, the Defendant clan completed the registration of preservation of ownership with respect to M forest land of 29,554 square meters (hereinafter “M before the division”) in Docheon-si prior to the division. The said land was divided into M forest land of 29,357 square meters, Q forest and Q forest into 73 square meters, and R forest and 124 square meters on August 8, 2008.

B. The Defendant, on March 17, 200, completed the registration of preservation of ownership with respect to Nancheon-si’s forest No. 15,868 square meters (hereinafter “N land before division”) prior to the subdivision on March 17, 200, and the said land was divided into 5,340 square meters of Nancheon-si’s forest, 6,192 square meters of O forest, 4,336 square meters of P forest, and 4,36 square meters on January 27, 2015.

C. Meanwhile, on or around July 15, 1934 (fire 9 year), the record of incorporation into a reserved forest was written by the “T” residing in Chuncheon-gun Shocheon-gun M of Gangwon-do as the owner of 20,553.719 square meters (29,553.719 square meters if converted into a square meter; hereinafter “M on the record of incorporation into a reserved forest”) and the “V” residing in Cheongcheon-gun, Gangwon-do is written as the owner of 13,586.7 square meters (13,586.769 square meters if converted into a square meter; hereinafter “N land on the record of incorporation into a reserved forest”).

Plaintiff

A, B, C, D, E (hereinafter referred to as “Plaintiff A, etc.”) is a child of “T” born from Gangwon-gun X on June 3, 1912, and upon the death of October 27, 2007, T is a co-inheritors who inherited 1/5 of T.

(T'Y's Y died on May 4, 1997). e.

Plaintiff

F, G, H, I, J, K (hereinafter “Plaintiff F, etc.”) is the co-inheritors who inherited AA (AB, a son’s child, died on April 1, 1936, and succeeded to the Australia) that succeeded to the Australia on July 1, 1947 as the denial and child of F, G, H, I, J, and K (hereinafter “V”) of AA (AB, a son’s child, died on April 1, 1936, and succeeded to the Australia) who died on July 17, 2017.

However, according to the evidence No. 12-4 of the Family Register (Evidence No. 12-4), since not only AB, the father of AA, but also AC (the father of AD), AE (Death in 1951, and AF), Plaintiff F et al. inherited all of V.

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