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(영문) 창원지방법원 2015.08.18 2015나384
소유권말소등기
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 20, 1917, the instant land was assessed under the name of the deceased J [the first forestry register entered as W, and corrected as W], which was the Defendant’s evidence creation (six years in 1917), and on March 9, 1937, the Plaintiff’s registration of transfer of ownership in the Plaintiff’s father-D name was made for sale as of August 6, 1936.

B. On April 25, 1994, the deceased E, who was the father of the defendant, issued a letter of guarantee that "I, on the same day, obtain a written confirmation from the competent government office, obtain the ownership transfer registration (hereinafter "the ownership transfer registration of this case") from the guarantor FF, G, and H under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, Nov. 30, 1992, hereinafter "the Special Measures Act") and then completed the ownership transfer registration (hereinafter "the ownership transfer registration of this case") by the Changwon District Court No. 31322, Oct. 5, 1982.

C. On May 11, 2010, the Defendant completed the registration of ownership transfer on the instant land due to inheritance due to a division by agreement as of December 19, 2009, with the Changwon District Court No. 13125 received on May 11, 2010.

The deceased I and the deceased J, who were the father of the plaintiff, are inter-speed between the MaX and the deceased, who are the heir of the deceased D.

E. Most of the instant land consisting of pine tree forests. Some of them consisting of the Plaintiff’s 7,6,5 grandparents, high-parents, high-parents, grandparents, grandparents, parents, and the Defendant’s graves, etc., and field of dry field is also formed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3 each 1, 2, Eul evidence 11-1 to 3, Eul evidence 14-1 and 2.

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