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(영문) 서울중앙지방법원 2017.09.21 2016가단105549
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Nonparty D (Death on June 1, 2010) concluded a sales contract with Nonparty I on April 23, 1974 with respect to KRW 1,449,00 for the purchase price of KRW 1,830 for the land owned by it (the land amounting to KRW 15967 square meters in the instant forest) (the land amounting to KRW 15967 square meters in the instant forest was merged into F on September 3, 1983 due to the change of the area conversion and administrative district, and the change of the said G G was made in the administrative district; the land amounting to KRW 1,449,00 for the purchase price, KRW 145,30 for the remainder on the date of the contract, KRW 1,304,00 for the remainder on May 31, 1974, and each of the “the purchaser, regardless of whether the registered titleholder is a seller,” respectively, shall be paid to the purchaser.

B. Defendant B (the title at that time was J of the Incorporated Foundation. The above Foundation changed its name to K of the Incorporated Foundation on March 20, 1975, and to B of the Incorporated Foundation on August 21, 1980), on June 17, 1974, prepared each of the following subparagraphs with D in the name of the chairperson L of the board of directors, and certified each of the above statements as M Joint Law Office No. 5260 by a notary public on the same day.

(hereinafter referred to as “each of the instant orders”). The Foundation entered into a sales contract of 4,830 square meters of forests and fields of this case, which was owned by Ha (D, hereinafter the same) on April 23, 1974 by Ha (D, hereinafter the same), and the Foundation would sell 600 square meters of forests and fields because the graves are buried within the forest and fields, and thus, it would sell 60 square meters of the forests and fields after deducting 600 square meters of the forests and fields. The Foundation accepted the request and paid 600 square meters of the forest and fields (300 square meters of the forests and fields) and completed the registration of ownership transfer.

Therefore, you recognize the ownership of Ha with respect to 600 west south of the forest above, and submit a letter to the extent that you agree not to exercise the ownership of the Foundation, such as afforestation and the construction of forest roads, within the above area.

Ratification: After changing a grave of his father-parent to another place, 600 square meters, for which sale and purchase was reserved, shall be sold to the Foundation.

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