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(영문) 대구지방법원 2016.04.27 2015나14677
소유권말소등기
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. N (Death on July 23, 1918) as the head of N (Death), F (Death on June 11, 1960) who succeeded to Australia had a child, including J, and J (Death on April 13, 1968) who is the family head heir of F, had a spouse K (Death on February 7, 2012) and the Defendant, the Plaintiffs and the head of South Korea, as their children.

(The details of the relevant inheritance shall be as shown in Appendix 2). (b)

Attached Form

The real estate listed in paragraphs 1 through 11 of the list 1 (hereinafter “the land of this case 1 through 11. The land of this case 2 through 11 was divided into the land of this case on March 27, 1995) is the land under circumstances of F and five other, and K has completed registration of preservation of ownership on October 31, 1970 pursuant to the Act on Special Measures for the Registration, etc. of Forest Ownership (Act No. 2111; hereinafter “Special Measures Act”) on Special Measures for the Registration, etc. of Forest Ownership, Etc. (the Act on Special Measures for the Registration, etc. of Ownership; hereinafter “Special Measures”).

Since then, on November 30, 1994, the Defendant issued a certificate to the effect that “the owner on the registry purchased the land from K or the resale L on August 1, 1980,” and completed the registration of ownership transfer under the Act on Special Measures for March 27, 1995 (No. 4502).

C. The real estate listed in Annex 1 List No. 12 (hereinafter “instant land”) is registered as F on October 15, 1949 with the completion of the registration of ownership transfer on the land cadastre.

Since then, on November 30, 1994, the Defendant issued a certificate of guarantee to the effect that “the owner on the register purchased it from F or L, the seller on August 1, 1980,” with respect to the land of this case, and completed registration of preservation of ownership under the Act on Special Measures for 27 March 1995 (No. 4502).

Attached Form

1 The real estate listed in Articles 13 through 15 of the List (hereinafter “instant 13 through 15”) is the land determined by F, and K has made registration of preservation of ownership on October 31, 1970 (No. 2111).

Since then, the defendant is about the land of this case 13 through 15.

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