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(영문) 서울중앙지방법원 2020.12.24 2020나9038 (1)
소유권보존등기말소등기절차이행 청구의 소
Text

All appeals filed by the plaintiffs and the third preliminary claims added by this court are dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. On March 9, 1972, cadastral records were restored on March 9, 1972, and was divided into each of the instant forests and fields on December 31, 1984.

B, on March 26, 1985, restored ownership of the forest land of this case on April 9, 1985, and completed registration of preservation of ownership of that forest land of this case on April 9, 1985, and C completed registration of preservation of ownership of the forest land of this case on March 26, 1985 after restoring ownership of the forest land of this case on March 26, 1985.

B. A filed a lawsuit against co-inheritors, etc. to cancel registration of preservation of ownership of each forest of this case. On May 10, 1995, the court rendered a judgment citing all the claims of the Plaintiff on the ground of the confession. The judgment became final and conclusive around that time.

(C) Youngcheon District Court Youngcheon Branch 95Kadan417, hereinafter referred to as "related cases").

After the judgment related to this case, registration of preservation of ownership in B and C related to each forest of this case was cancelled on June 1995. D.

The defendant registered the forest land of this case under the name of the defendant on July 3, 1998 after the public notice period from December 15, 1997 to June 14, 1998 as non-real estate was announced as of December 15, 1997. The defendant completed the registration of preservation of ownership in its name on November 12, 198.

E. A died on July 22, 2020 while the instant lawsuit was pending, and his/her heir is his/her spouse G, Plaintiff H, I, and J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 4, 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. In the first place, each forest of this case was assessed against D, the fleet of the plaintiffs, and the plaintiffs succeeded to the forest of this case via L and A, and registration of preservation of ownership in the defendant's name concerning each forest of this case should be cancelled by registration of invalidation of cause.

B. Preliminaryly, with respect to the land of eight parcels, including each forest land of this case, A and B against the successors in the relevant case.

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