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(영문) 창원지방법원진주지원 2017.09.14 2015가단37135
소유권말소등기
Text

1. All the claims of plaintiffs A, B, and C shall be dismissed.

2. Plaintiff D’s forest land H in South-Namnam Sea-gun 9.

Reasons

1. Facts of recognition;

A. On August 20, 1921, the forest of this case and its registration 1) the forest of this case were assessed against the network I on August 20, 1921, the Japanese colonial rule. 2) Defendant E completed the registration of preservation of ownership of the forest of this case on December 14, 2006 in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

Defendant F completed the registration of ownership transfer based on sale on July 2, 2014 with respect to the instant forest land on July 2, 2014, and Defendant G completed the registration of ownership transfer based on sale on March 2, 2015 with respect to the instant forest land on March 2, 2015.

B. The plaintiffs and defendant E-I died on November 10, 1983, and the deceased's J, K, L, network M, N, and networkO (Death on March 8, 1973), a child, succeeded to the property (P, Q, R, S, T, and U). On October 15, 2002, the deceased's property was inherited by V, W, X,Y, Z, and the deceased's spouse. 2) The plaintiff Eul is the children of the deceased A-B, and the plaintiff C is the deceased's spouse of the deceased A-C, a child of the deceased A-C.

Defendant E is the spouse of the network AE, a child of the network AB.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4-7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the legitimacy of the primary and conjunctive claims of plaintiffs A, B, and C

A. Plaintiff A, B, and C’s assertion 1 as follows: (a) Plaintiff A, B, and C occupied each part of the attached appraisal sheet (i), (b), and (iv) as follows for not less than 20 years by adding the possession period from the time the previous possessor purchased from the deceased I to the time of filing an action, which has been jointly and openly succeeded to from the previous possessor’s intention as owned by the deceased. ① The attached appraisal sheet among the forest of this case (i) began to have been occupied after the deceased AA purchased from the deceased I around 1955; and (ii) the Plaintiff A, a large child from February 3, 1983 to the present date, has succeeded to the possession of the forest of this case.

② The forest of this case is included.

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