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(영문) 창원지방법원진주지원 2017.08.17 2014가단6301
소유권이전등기 등 말소등기
Text

1. The Plaintiff:

A. Defendant B is the Changwon District Court with respect to the real estate listed in paragraph 1 of the attached list of real estate.

Reasons

1. Facts of recognition;

A. The Jinyang-gun E Forest land 1,943 square meters with respect to the instant real estate (hereinafter “the forest before the instant division”) is a forest under the circumstances of Jinyang-gun E, Jinyang-gun, 1,943 square meters (the 3 years in Japan-ho-ho, Japan-ho, 1914), which was located in the Japanese colonial era.

Since then, each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") has become a real estate after the change of administrative district, area conversion, division, etc.

B. On October 20, 1962, the deceased Party F’s death and the deceased Party F’s inheritance networkF died, and his spouse and children jointly succeeded to the property, and the inheritance relationship between the Plaintiff and the Defendant C is as indicated in the separate shares of inheritance.

C. The Defendants’ registration of the instant real estate 1) Defendant B’s clan (hereinafter “Defendant clan”) filed a lawsuit claiming ownership transfer registration with the Defendant against the deceased deceased net F at the time of around 1973. The court rendered a judgment in favor of the Defendant clan in the above lawsuit on July 16, 1973, and the judgment became final and conclusive in the business form. Defendant clan completed the ownership transfer registration on September 15, 1972 as indicated in the Disposition No. 1(A) on the ground of sale on September 15, 1972, on the ground of the foregoing final judgment, on the part of Defendant C completed the ownership transfer registration on December 5, 2007 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 755, May 26, 2005; hereinafter “Special Measures for the Registration of Ownership”) on the grounds of sale on May 26, 2005.

3) On December 6, 2013, Defendant Geumsan Agricultural Cooperatives (hereinafter “Defendant Agricultural Cooperatives”) completed the registration of creation of collateral security and superficies as stated in Section 1(b) of the order regarding forest land before the instant partition. Defendant D completed the registration of establishment of collateral security and superficies as to each of the instant real estate listed in Section 1(b) of the order on February 25, 2014. [Grounds for Recognition] There is no dispute over the instant real estate, and Gap 1-4 evidence (including each number, hereinafter the same shall apply).

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