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(영문) 창원지방법원 2015.09.10 2015가단7698
소유권보존등기말소 등
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. The Plaintiff’s assertion 1) The Plaintiff’s father C is the forest land indicated in the separate sheet around 1950 (hereinafter “the forest land of this case”).

(2) On November 4, 2006, Defendant B sold the instant forest to Defendant B without any legitimate authority on September 5, 1962 and completed the registration of ownership transfer on January 7, 1998. Defendant B sold the instant forest to Defendant B on December 4, 2006 and sold it to Defendant G on December 8, 2006. Defendant B completed the registration of ownership transfer on December 8, 2006, the registration of ownership transfer was completed in the name of Defendant G, G, G, G, G, G, G, K, G, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, K, 232.

3) Since each registration in the name of the Defendants was made based on the registration of ownership preservation, which is null and void of the cause, each registration in the name of the Defendants is null and void. The Defendants are obligated to implement the registration procedure in each of the above registrations to the Plaintiff. 2. 1) In order to seek cancellation of the registration of ownership preservation in the name of another person, which was completed with respect to the real estate as part of the exercise of the right to seek cancellation of the registration of ownership preservation based on the ownership of the real estate, the former must be actively asserted and proved that the former has the title to file a claim for cancellation. If such title is not recognized, even if the registration of ownership preservation in the name of

(see, e.g., Supreme Court Decision 2012Da10355, Jun. 14, 2012). 2012. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff had the title to file a claim for cancellation of each registration completed in the name of the Defendants, and it can be acknowledged differently.

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