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(영문) 춘천지방법원속초지원 2019.02.22 2016가단300676
소유권이전등기
Text

1. The Defendant is on the ground that the title trust is terminated on June 10, 2016 with respect to the forest land 20,931 square meters in Gangwon-gun Yangyang-gun, Gangwon-do.

Reasons

1. Basic facts

A. On September 17, 1992, D completed registration of preservation of ownership in accordance with the Act on Special Measures for the Restoration of Unclaimed Land and Preservation Registration, etc. (Act No. 3627) for the land owned by the owners in the Gu in the area of waterside area, which is 5,339 square meters of Gangseoyang-gun, Yangyang-gun (hereinafter “Eri”) (hereinafter “instant land before the instant subdivision”).

B. On April 17, 2001, the Plaintiff received the decision of provisional disposition prohibiting the disposal of real estate (hereinafter “provisional disposition of this case”) on April 20, 201 by taking the right to claim the registration of ownership transfer on the ground of the cancellation of title trust with respect to the land prior to the division of this case as the preserved right, and completed the provisional disposition on April 20, 201.

C. On April 7, 2005, the Plaintiff withdrawn the application for provisional disposition of this case and cancelled the registration of provisional disposition of this case.

Around November 22, 2005, the land prior to the instant partition was divided into F forest land with a 16,560 square meters in size as a F forest, 2,36 square meters in size as a G forest, and 14,398 square meters in size as a H forest. Around April 9, 2009, the land was divided into 1,114 square meters in size as a 1,000 square meters in size into 22,045 square meters in size as of April 9, 2009, and the said area became 20,931

(C) The remaining land remaining after the division as above is divided is 20,931 square meters (hereinafter “instant land”). If the details of division and legal relationship of the instant land before the division are arranged as a list, it is as indicated in the attached Form “the details of division and legal relationship of the instant land before the division.”

E. D died on December 23, 2008, and the Defendant, the wife of D, completed the registration of ownership transfer on October 28, 2014 as to the instant land by agreement and division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on this safety defense

A. The summary of the defendant defense 1 is not only unclear who is the co-help, but also its composition is limited to the members of the clan residing in the territory of the Youngdong, and it constitutes a clan with a unique meaning, apart from what constitutes a similar organization of the clan.

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