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(영문) 춘천지방법원 2020.12.17 2019나54525
지상권말소
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On December 9, 1986, F, G, and H completed the registration of ownership transfer for each one-third portion of the instant land on November 17, 1986. On December 1, 1986, F, G, and H concluded a contract for the sale of standing timber with I as follows (hereinafter “instant contract for the sale of standing timber”).

Under the Standing Timber Sales Contract, the seller "A" and the buyer are referred to as "A" and the seller for convenience in concluding a contract with the sale price of KRW 8 million for the 20th unit of the forest land in the location of the forest.

The above price shall be paid immediately after the deforestation.

Felling shall be until December 30, 1989.

The creation of superficies shall be registered on the land above for the felling of the above trees.

(A) If not cut within the above period, A arbitrarily terminates the superficies.

(hereinafter omitted)

B. On December 8, 1986, F, G, and H concluded a superficies contract with I on the instant land (hereinafter “the instant superficies contract”), and on December 9, 1986, F, G, and H completed the registration of creation of superficies (hereinafter “registration of creation of superficies”) with the purpose of “ownership of standing timber”, “the entire land”, and “the duration of the instant land from December 8, 1986 to 30 years” (hereinafter “registration of creation of superficies”).

I issued documents necessary to cancel the registration of creation of superficies, including superficies termination certificate to F, G, and H around that time.

C. On June 28, 198, I made the registration of transfer of the superficies of this case to the deceased J on June 28, 198, on the ground of sale and purchase.

D. D.

on March 8, 1995, KJJ completed the registration of ownership transfer based on donation as to the whole co-ownership of the instant land, and the Plaintiff completed the registration of ownership transfer based on sale on June 20, 201.

E. The deceased J, on April 25, 2001, succeeded to the property of Defendant B, Defendant C and D, the spouse of the deceased.

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