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(영문) 대구지방법원 2018.06.21 2017가단134086
소유권말소등기
Text

1. The plaintiff's claim is entirely dismissed.

2. The costs of lawsuit are fully borne by the Plaintiff.

Reasons

1. Basic facts

A. Each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) is divided in sequence from the land of 18,393 square meters of forest E-Gun, Youngcheon-gun (hereinafter “forest land before division”) prior to the division.

B. On December 13, 1984, F, the Plaintiff’s father, was the owner of the forest land before the said division. On December 13, 1984, he sold 496/183 of the forest land before the division to Defendant D, and the registration of transfer was made on December 24, 1984, and on May 26, 1989, he donated 17897/183 of the remaining portion of the forest land before the division to G, an son, who was a son, donated 17897/18393 of the forest land before the division, and filed the registration of transfer on May 27, 1989.

C. On February 5, 1993, G donated 17897/183/183 of its own ownership out of the forest land before division to the Plaintiff, one of his own children (1984 students) and received the registration of transfer on February 24, 1993.

On October 13, 1995, with respect to the Plaintiff’s share 17401/18393 out of the said share 17897/183 of the Plaintiff’s share 17897 shares on October 13, 1995, the transfer registration was made in each of the shares of 17401/36 in the name of the Defendant B and the Defendant C on October 12, 1995 (=17401/183 ± 17401 ± 2).

Therefore, the forest land before division was owned by Defendant D 496/18393, Plaintiff 496/18393, Defendant B and Defendant C 17401/18.

E. Around 2015, part of the forest land before subdivision was acquired as a public site in Yongcheon-si, and each real estate listed in the separate sheet was divided and merged in the process.

[Ground] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. The plaintiff asserts to the following purport.

The Plaintiff’s transfer registration was made in the name of Defendant B and Defendant C (hereinafter “instant transfer registration”) on October 12, 1995 with respect to the shares of 17401/18393 (hereinafter “instant shares”) out of the shares of 17897/183 among the shares of 17897 shares, which were donated by Defendant B and Defendant C prior to the division. However, the Plaintiff did not have any contribution to the instant shares to Defendant B and Defendant C.

Therefore, this case.

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