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(영문) 대구지방법원의성지원 2020.08.12 2020가단10178
소유권보존및이전등기말소등기절차이행청구
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. Facts of recognition;

가. 원고와 피고 C의 조부(祖父)인 망 E은 일자불상경 이 사건 토지를 매수하였다.

It is unclear whether the person who sold the instant land to the network E is I, or not the one who purchased the instant land from I, or not.

B. Defendant B completed the registration of preservation of ownership of the instant land on April 8, 1995 (hereinafter “registration of preservation of ownership in Defendant B”) based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

C. On September 17, 2004, Defendant C completed the registration of ownership transfer on the ground of donation on September 16, 2004 (hereinafter “Defendant C’s transfer of ownership”). D.

On April 27, 2018, the Plaintiff was indicted for summary order of KRW 2,00,000,000 on the ground of the instant land without obtaining permission from the Minister of the Korea Forest Service, etc. for the purpose of relocating the deceased G seedlings, whose father and mother are the father of the Plaintiff, on the ground of the instant land, by cutting down trees, such as dives, etc., on the instant land, and duplicating the forest into 404 square meters. As a result, the Plaintiff was issued a summary order of KRW 2,00,000 on January 24, 2019.

(Court 2018 High Order 814) The above summary order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. As the Plaintiff’s assertion dies, the ownership of the instant land was reverted to the Plaintiff, Defendant C, etc., who is the deceased E’s heir or substitute heir, according to their respective shares of inheritance.

However, the deceased Eul, the spouse of the Defendant B and the Defendant B, who had been managing the instant land after the death of the deceased, completed the registration of preservation of ownership in the name of the Defendant B on the instant land, by preparing a false guarantee from other inheritors.

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