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(영문) 대구지방법원상주지원 2014.04.23 2013가단4486
소유권보존말소등기
Text

1. As to the land size of 106,770 square meters in Gyeongcheon-gun, Gyeongcheon-gun, the defendant on Nov. 1, 1994 to the plaintiffs.

Reasons

1. Indication of claim;

A. On April 20, 1920, E, F, G, and H were under the assessment of 110,721 square meters of I forest land (hereinafter “the forest land before the instant partition”). The forest land described in paragraph (1) of this Article (hereinafter “instant forest land”) was divided into the forest land before the instant partition.

Plaintiff

A is one of the co-inheritors of J, who is the heir of H, and the plaintiff B is one of the co-inheritors of K, who is the heir of H.

B. On November 3, 1994, the Defendant purchased the forest of this case from E, F, G, and H, the owner on the lease ledger on October 7, 1980, pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (amended by Act No. 4502 of Nov. 30, 1992). At the time, the Defendant purchased the forest of this case from E, F, G, and H, the owner on the lease ledger.

‘A letter of guarantee submitted, but E et al. died before October 7, 1980.

C. Therefore, since the Defendant’s registration of preservation of ownership on the forest of this case was completed on the basis of a false letter of guarantee, the Defendant is obligated to cancel the above registration of preservation of ownership to the Plaintiffs, who are co-owners of the forest of this case.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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