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(영문) 의정부지방법원 2015.02.12 2012가단157995
소유권말소등기
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On December 26, 2006, the registration of ownership transfer was completed in the name of the Plaintiff’s clan with respect to H 29,247 square meters of woodland H 29,247 square meters owned by G, and on June 19, 2008, the registration of ownership transfer was completed on June 5, 2008 in the name of Defendant B’s clan (hereinafter “Defendant clan”) as the receipt of the Suwon District Court Yang Pyeong-gun’s registration office on June 19, 2008.

B. Meanwhile, on April 9, 2007, the said H forest was divided into “I forest 29,298 square meters” and “I forest 22,470 square meters (attached Form 1)”, “J forest 6,612 square meters (attached Form 2)” and “K forest 216 square meters” following each division on June 14, 2007 and June 21, 201. The said K forest was further subdivided into “K 108 square meters (attached Form 3)” and “L 108 square meters” on November 15, 2011.

(hereinafter referred to as “each land of this case”) when each land listed in the separate sheet 1 through 3 is jointly referred to. (c)

Of each of the instant lands in the name of the Defendant clan, the ownership transfer registration under the name of the Defendant C Co., Ltd. (hereinafter “Defendant C”) was made on November 7, 201 with respect to the land listed in paragraph (1) of the attached Table No. 48534, which was received by the Suwon District Court Yangyang District Court on November 7, 201, with respect to the land listed in paragraph (2) of the attached Table No. 2, with respect to the land listed in the attached Table No. 28991, which was received by the same registry office on June 30, 2011, and with respect to the land listed in paragraph (3) of the attached Table No. 2, the ownership transfer registration was completed in the name of Defendant F under the receipt by the same registry office on June 30, 2011, and the ownership transfer registration was completed on December 7, 2011 under the name of Defendant E under the receipt by the same registry office.

[Ground of recognition] Facts without dispute, Gap evidence 10, 11-4, Gap evidence 12-12, Gap evidence 13-1-4, the purport of whole pleadings

2. The plaintiff clans' assertion

A. The descendants of MC 22 years old-old N, O, P, and Q, are naturally gathered since before 1970.

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