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(영문) 광주지방법원 2018.01.12 2017나52169
소유권이전등기말소 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiffs are the grandchildren and grandchildren of I (Death on December 18, 1990), and Defendant C is the son of J (Death on February 1, 1998).

B. On June 7, 1943, I completed the registration of transfer of ownership by trade on June 5, 1943, with respect to the 9th 2nd 2nd 1st 2nd 2nd 2nd 2nd 2nd 9th 2nd 2nd 3th 2nd 3th 2nd 3th 2nd

C. On August 6, 1968, J completed the registration of ownership transfer on January 10, 1968 with respect to 500/7,050 shares out of the 2nd 9th 2nd 1st 2nd 2nd 9th 1968.

G With respect to the 3-day forest land of G, the registration of ownership transfer in the J on June 12, 1970 and the registration of ownership transfer in the name of K on October 17, 1970 were completed respectively.

In the past, from the 3th place of G forest land in the 2nd place on December 1, 1976 to the 5th day of December 1, 1976, the 595 square meters of L forest land, the 595 square meters of the Gu forest land register (5-1) around September 11, 1985, and the change of indication was completed on August 27, 2001.

(4) M forest land was divided into 175 square meters.

E. From December 27, 1994, the number, land category, and area of the instant land at the time of the instant land was 3,306 square meters from the 2nd 2nd 2nd 1994, but, on April 3, 2015, the 367 square meters of an O forest was divided from the 3,306 square meters of N Forest and 3,306 square meters, and the two divided parcels were registered as the instant land ( Q. 371 square meters, P. 289 square meters) on May 11, 2016. The divided parcels were divided.

Defendant C obtained a guarantee from the guarantor U, R, and V on December 15, 1993, before the land of this case is divided, on April 12, 1981, that Defendant C purchased the instant land from I and J.

F. According to the above letter of guarantee, Defendant C completed the registration of transfer of all co-owners’ shares (the cause of sale on April 12, 1981) in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”).

(g) On May 14, 2015, Defendant D newly constructed the instant building on the ground after completing the registration of ownership transfer with respect to the instant land. The instant building on April 14, 2016.

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