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(영문) 제주지방법원 2016.08.24 2015나2706
소유권말소등기 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The parties’ relationship Plaintiff and B are children of the network J as a form of punishment, and Defendant C is the wife of Defendant B, Defendant D, E, F, and G.

B. 1) The registration relation to each of the instant lands in Jeju-si (hereinafter “Kri”) H Forest land 1478 square meters and 2910 square meters of I Forest land (hereinafter “each of the instant lands”).

(2) On August 15, 1913, L was killed on February 20, 1921.

Accordingly, the plaintiff's father, as his father, succeeded L as the family inheritor.

If the family head died before the enforcement of the Civil Code, the inheritance of the family heir is the custom at the time of the inheritance.

(See Supreme Court Decision 2010Da79053 Decided March 15, 2012, 201) H Forest land No. 1478m2 was unregistered land (see Supreme Court Decision 2010Da79053, Mar. 15, 201). B was the Act on Special Measures for the Transfer of Real Estate Ownership, which was enforced on June 11, 1981 by Jeju District Court No. 40138, Dec. 31, 197, and was enacted by Act No. 3094, Dec. 31, 197; hereinafter “Special Measures Act”).

(4) A registration of ownership transfer is completed under one’s own name on the ground that J completed the registration of ownership transfer on March 23, 1928. B completed the registration of ownership transfer under one’s own name on the ground that the gift was made on September 7, 1966 under the Act on Special Measures by Jeju District Court No. 44295, Jun. 26, 1981.

(hereinafter referred to as “each registration of this case” in the name B as to each of the instant lands.

1) Around 1963, J died, and M, N,O, P, Plaintiff, and B, a child of J, were co-inheritors. 2) B died on May 8, 2014 during the instant lawsuit, and accordingly, the Defendants, their wife and children, taken over the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5, 7 and 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Each of the registrations of this case alleged by the Plaintiff is a false letter of guarantee by B.

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