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(영문) 수원지방법원 2018.01.09 2017가합10599
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The network C (hereinafter “the network”) was transferred from D forest E, Gyeonggi-gun E, Gyeonggi-do (hereinafter “the land before partition”) 40,258 square meters (hereinafter “the land before partition”).

B. The deceased died on June 19, 1965, and at the time, the deceased’s wife and the Plaintiff, Defendant, G, H, I, J, K, K, L, and M, who are the children of the deceased, succeeded to the deceased.

C. On July 28, 1971, the Defendant completed registration of preservation of ownership in the name of the Defendant pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111 of May 21, 1969), which was enacted on May 21, 1969.

On September 7, 1987, the land before subdivision was divided into 3,516 square meters of forests E, Gyeonggi-gun, and 29,058 square meters of forest land.

In addition, on April 8, 2010, N Forest No. 29,058 square meters in Gyeonggi-gun was changed into the name of N Forest No. 29,058 square meters in terms of the change of the administrative district name, and on May 19, 2010, the land category was changed to N Forest No. 4,925 square meters in Sung-si and O Forest No. 24,133 square meters (attached Form No. 2). The land category of N Forest No. 4,925 square meters in Sung-si on May 28, 2010 was changed to N. 4,925 square meters (the land listed in attached Table No. 1, No. 1, 2010; hereinafter referred to as “each of the instant land”).

【Ground of recognition】 The fact that there has been no dispute, entry of evidence Nos. 1 and 4 in the evidence Nos. 1, 2, 2, and 3, and the purport of the whole pleadings

2. The Plaintiff’s assertion did not have donated each of the instant lands from the deceased, and there was no fact that the Defendant had a consultation on the division of inherited property between the deceased’s inheritors so that they own each of the instant lands.

Therefore, the deceased’s inheritors jointly inherit each of the lands of this case from the deceased and share them according to their respective inheritance shares. Therefore, the plaintiff has the right to seek cancellation of registration of preservation of ownership in the name of the defendant against the defendant as a joint owner’s act of preservation of property of this case.

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