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(영문) 의정부지방법원 2017.04.26 2016가단22097
가등기말소등기
Text

1. The defendant is the District Court in relation to the plaintiff's share of 12/14 of the 223,141 square meters of Gyeonggi-gun C Forest land.

Reasons

1. The owner of the instant forest land was changed as indicated below with respect to the instant forest land of 223,141 square meters (hereinafter “the instant forest”) in Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-gun, which is the premise of the dispute.

D The plaintiff's evidence, E is the plaintiff's assistance division, and F is the plaintiff's reference.

On July 1, 1966, December 31, 1966, the date of registration, the ownership transfer registration of the type of registration was completed on August 11, 2009 on the ground of the transfer registration of ownership on April 10, 1950 on the ground of the transfer registration of ownership (hereinafter “the provisional registration of this case”) on December 31, 1966, with respect to the forest land of this case by five, other than D E, the registered titleholder of the donation on August 10, 2009, and the Defendant on the same day (hereinafter “the reservation of this case”).

E died on June 5, 2013, and the spouse G, F, children, and the Defendant inherited the network E on the same day.

G was deceased on March 22, 2014, and on July 24, 2014, the report of F to waive the inheritance of the deceased G’s property was accepted by F, and the Defendant inherited the deceased G solely. (Korean Government District Court 2014Ra1282)

(2) Each of the evidence Nos. 12, 2, 3-1, 4-1, 4-1, 6-1, 1-3, and 1-3, and the purport of the whole pleadings and arguments, as to the provisional registration of this case, the defendant's share in the provisional registration of this case became 12/14). [The grounds for recognition] There is no dispute.

2. Judgment on the plaintiff's claim

A. On August 11, 2009, the fact that the Plaintiff is the owner of the instant forest, and the ownership transfer registration for the instant forest was completed on the ground of donation on August 10, 2009 is as seen earlier. Therefore, according to the above facts acknowledged, the Plaintiff is presumed to be the owner of the instant forest.

On the premise that the forest land of this case is a real estate trusted to F (the Plaintiff’s assistance) by E, the Defendant’s donation contract concluded on August 10, 2009 between the Plaintiff and F (hereinafter “instant donation contract”) is a title trustee (hereinafter “the Plaintiff”).

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