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(영문) 대전지방법원서산지원 2016.12.02 2016가단50926
소유권말소등기
Text

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

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

Reasons

1. Basic facts (1) The network D (hereinafter “the network”) completed the registration of transfer of ownership on March 15, 1973 under its name with respect to 2 forest land and forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on April 28, 1973.

② On August 16, 1986, F forest land of 19,835 square meters (2 information) was divided into 10,396 square meters of F forest land, G forest land of 8,326 square meters, H forest land of 1,113 square meters.

③ On December 7, 1993, Defendant B completed the registration of ownership transfer based on donation on April 20, 1984, with respect to 10,396 square meters of F forest land in Seosan City pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

④ On April 25, 1996, F forest land was divided into KRW 9,819 square meters for F forest land and KRW 577 square meters for forest land in Seosan-si. The F forest after the division was divided into KRW 10,706 square meters for forest land in Seosan-si (hereinafter “instant forest”) on March 3, 201 through the revision of the area and registration conversion.

⑤ The Deceased died on October 19, 200, and his children became co-inheritors by J, K, the Plaintiff, L, M, Defendant B, N, andO.

④ On January 28, 2016, Defendant B completed the registration of creation of neighboring buildings, other structures, or superficies for the purpose of owning trees under the name of the forestry cooperative in Seosan City, Seosan-si, the maximum debt amount of which is 78,00,000, and the registration of creation of superficies for the purpose of owning buildings, other structures, or trees.

[Ground of recognition] The descriptions of Gap evidence 1, 2, and 10 (including paper numbers), Eul evidence 1 and 2 (including paper numbers), and the purport of the whole pleadings

2. Determination as to the application for cancellation registration on the ground that the registration in the name of the defendant is invalid as a cause

A. The judgment on this safety defense constitutes the lawsuit of this case where the Plaintiff, who is the co-inheritors of the deceased, seeks to cancel the ownership transfer registration under the name of the deceased, falls under the lawsuit for recovery of inheritance. Since the Plaintiff filed the lawsuit of this case after the lapse of the exclusion period from October 19, 200 to 10 years from the death of the deceased, the lawsuit of this case is unlawful after the exclusion period has expired.

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