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(영문) 수원지방법원여주지원 2016.05.10 2015가단20386
진정명의 회복을 원인으로한소유권이전등기
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 defendant is a clan consisting of descendants of C's 13 years of age D.

B. The forest survey document prepared during the Japanese occupation occupation period is written as follows: (a) the Plaintiff’s capital increase and the network E, the Defendant’s 18-year-old grandchildren, is written as the assessment of the F forest land in Echeon-gun (hereinafter “instant assessment land”).

E dies in around 1934, the Plaintiff’s father G succeeds to his property, and G died on June 18, 1985, and the Plaintiff succeeded to the property of G by succession.

C. On December 20, 1971, 1971, the registration of preservation of ownership was completed by 1/3 shares in the name of Leecheon-gun, Leecheon-gun, H, 19020 square meters (hereinafter “the land before the instant subdivision,” and the name of the administrative district was changed to Leecheon-si on March 1, 1996) as to the instant land divided from the instant land.

On January 14, 2013, the registration of transfer of shares was completed in the Defendant’s future on the ground of the termination of title trust with respect to one-third shares in the land before the instant partition.

E. The Defendant filed a lawsuit against the Plaintiff for the registration of ownership transfer on the ground of the cancellation of title trust with respect to one-third share of K, one-third share inherited by the Plaintiff, among the land before the instant partition by this Court No. 2012GaGa4963, and received a judgment in favor of the Plaintiff on November 27, 2012, and both the Defendant’s appeal (U.S. District Court 2013Na1031) and the final appeal (Supreme Court 2014Da18070) were dismissed, and the said judgment became final and conclusive.

F. On January 15, 2013, the Defendant completed a share transfer registration in the Plaintiff’s future on the grounds of inheritance on January 15, 2013 with respect to the one-third share of the land prior to the instant partition by subrogation of the Plaintiff as the cause of subrogation for the right to claim the transfer registration of ownership by the said final judgment, and completed the transfer registration in the Defendant’

G. The instant land prior to the instant partition is the real estate indicated in the attached Table No. 18628 square meters of L forest land (referring to the real estate indicated in paragraph (1) of the attached Table), M forest and 662 square meters, N forest and 150 square meters, and 32 square meters of O forest and 32 square meters (hereinafter referred to as the real estate listed in attached Table No. 2) following the registration conversion.

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