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(영문) 전주지방법원 2016.09.22 2014나6483
소유권보존등기말소등기
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The grounds for dividing the land subject to the claim for cancellation of each registration filed by the Plaintiff and the Defendant are as follows.

The land shall be divided into 8,727 square meters in F forest 8,80 square meters in 1,44,200 square meters in C forest land (13,983 square meters in R (hereinafter referred to as "other lot numbers in R") and 4,254 square meters in G forest 5,256 square meters (5,256 square meters) as follows: merger and registration conversion E 21,440 square meters in 20,47 square meters (21,223 square meters in 4,61 square meters in 13,289 square meters in 13,289 square meters in 13,33 3,273 square meters in J forest 273 square meters in 1,273).

B. The developments leading up to the creation of 24,053 square meters prior to K (hereinafter “K land prior to division”) are as follows.

F Forest land 8,727 square meters D forest land 1,190 square meters, 13,289 square meters of forest land on June 4, 1941, the merger and registration conversion (in the process, the area is increased by 847 square meters of forest land) with K land before subdivision.

On October 10, 1944, the defendant's early L =M, hereinafter referred to as "M") was registered as an owner on the land cadastre before the division. D.

On December 20, 1952, K land before subdivision was divided into eight parcels from 2,162 square meters before K to 443 square meters before N, as shown in attached Table 3.

E. Meanwhile, on May 3, 1956, the registration of ownership transfer of each 1/4 share was completed in the name of the Plaintiff, O, P, and Q (hereinafter “Plaintiff, etc.”) on May 3, 1956 with respect to 1/4 2 m200 square meters of forest land (1,190 m21,223 m2) and 1/4 m200 square meters of forest land (1,190 m23 m2).

F. The registration of preservation of ownership in M’s name was completed on August 28, 1959 and September 16, 1959 with respect to each eight parcel of land, which was divided from the land of K prior to the division, from the 2,162 square meters to the 443 square meters prior to N.

G. Each land between 2,162 square meters and 443 square meters before N, prior to the above K, was divided in order as shown in the separate sheet 3, 1960, December 19, 1960; March 3, 1979; January 24, 1980; January 18, 201; each land listed in the separate sheet 1 and each land listed in Articles 4 through 18 of the separate sheet 2, prior to the above K (hereinafter “each land of this case”) is divided from each land to 2,162 square meters before the above K to 443 square meters before N.

(h).

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