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(영문) 광주지방법원 2016.09.02 2015나57429
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. For the plaintiffs:

A. Defendant F shall share 17/24 of the 14,380 square meters of I forest land in Mineyang-si.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant F are children of the deceased J (the deceased on May 5, 196, hereinafter “the deceased”), and Defendant G and H are Defendant F’s wife and children.

B. As the heir of the deceased, there are wife N (Death on May 13, 2001), child networkO (Death on June 12, 1967), the Plaintiffs, and Defendant F (Inheritance of Family). The share of inheritance due to the death of the deceased is Defendant F7/24, Plaintiff E5/24, and the rest of Plaintiffs 3/24, as in the separate sheet of inheritance calculation, as in the separate sheet of inheritance.

C. On November 5, 1980, as to the 14,380 square meters of I forest land owned by the deceased, Gwangju District Court Pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”), the registration of ownership transfer (the sale on November 2, 1960, hereinafter “registration No. 1”) was made on November 5, 1980.

Among them on June 4, 1990, 87 square meters of 14,380 square meters of 14,000 square meters of I forest in Gwangjuyang-si were divided into K forest, and 451 square meters into L road, and 13,032 square meters of 13,032 square meters of 190.

(hereinafter referred to as “the instant forest” collectively with 14,380 square meters and 13,032 square meters after division.

On January 13, 2012, Defendant F donated the instant forest to Defendant G and H on January 13, 2012, and completed the registration of ownership transfer (hereinafter “registration No. 2”) with respect to each of Defendant G and H’s share 1/2 shares as the receipt of the Gwangju District Court’s Mayangyang Branch Office on January 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 4, the purport of the whole pleadings

2. On the premise that the registration No. 2 of this case was null and void, which was made by the plaintiffs in the name of defendant F, the defendants filed the lawsuit of this case against the defendants for cancellation of the registration No. 2 of this case. The plaintiffs' claim of this case constitutes the claim for inheritance recovery. Three years have already passed since the plaintiffs became aware of the registration No. 1 of this case, and ten years have already passed since the registration No. 1 of this case was made.

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