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(영문) 청주지방법원 2019.08.23 2018나2302
소유권말소등기
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a clan with descendants of S, and the plaintiffs are the defendant's members of the clan.

B. As to the land No. 1, as of December 20, 1971, an application for ownership transfer registration was filed under the name of the Defendant under the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) by the Cheongju District Court No. 1722, Dec. 20, 1971, with respect to the land No. 1/3 shares owned by Plaintiff A’s father D, Plaintiff B’s fatherF and E, respectively.

C. According to the land cadastre of No. 2, “T and two persons” were written as its owner. However, the Defendant made a registration of preservation of ownership in the name of the Defendant under the Act on Special Measures for the Development of Environment as the Cheongju District Court No. 20434, Jun. 22, 1995, which received on June 22, 1995.

With respect to the land set forth in Articles 3 and 4, the registration of ownership transfer under the name of the defendant in accordance with the Special Measures Act as of December 22, 1995 was made on December 21, 1926 by the Cheongju District Court Decision No. 7725, each Plaintiff’s assistance group G was made on January 13, 1927, and a part of the shares was transferred to H and I on June 12, 1943, respectively, and the registration of ownership transfer under the name of the defendant in accordance with the Special Measures Act as of June 22, 1995.

(hereinafter referred to as “each registration of ownership of this case” is added to each registration made under the name of the defendant under the Act on Special Measures.

On the other hand, at the time of the registration of each ownership of this case under the Act on Special Measures, K, L, and M were attached to each guarantee letter (hereinafter collectively referred to as the "each guarantee letter of this case"), and each guarantee letter of this case stated that "I guarantee that the above real estate is purchased from September 20, 1984 to the owner of a clan registered in the ledger of (land and forest) as the above land and actually owned as a joint and several guarantee."

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 4, 5, and 7 respectively.

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