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(영문) 대구지방법원 2020.10.21 2019나315781
소유권말소등기
Text

1. At the request of the change in exchange from the trial, the defendants are the 4.0 H forest in Daegu-gu.

Reasons

1. Basic facts

A. On March 20, 1928, the Republic of Korea, upon which the Plaintiff’s status related to the instant forest, was examined, completed the transfer of ownership in the forest land register to I on March 20, 1928. 2) On March 15, 1940, I died, and I adopted the Plaintiff on February 15, 1950. L, the son of I, adopted the Plaintiff on February 15, 1950, and died on August 29, 1974.

B. Around 1976, M, B, and C filed a lawsuit against I seeking the implementation of the procedure for the registration of ownership transfer of the forest of this case with respect to the forest of this case. They asserted that they purchased the forest of this case from I on July 10, 1966. The Daegu District Court rendered a favorable judgment against M, B, and C on February 5, 1976, as M, B, and C, and C, and the said judgment became final and conclusive around that time. The said judgment became final and conclusive around that time. The Daegu District Court Decision No. 12758 of March 26, 1976, as to each of the forest of this case (hereinafter “registration of ownership preservation”).

(2) M was deceased on November 17, 2017, and Defendant D is the spouse of M, and Defendant E, F, and G are children of M.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (if any, including all of them; hereinafter the same shall apply), Eul evidence Nos. 1, and the court's fact-finding results with respect to Nung-gun, Gyeongbuk-gun, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the registration of ownership preservation in M, B, and C, which was completed in relation to the instant forest claimed by the Plaintiff, was based on an invalid judgment against the deceased I, the cause is null and void, and the owner of the instant forest is the Republic of Korea.

The Defendants, upon the death of M, have succeeded to M as to each of the shares of each Defendant listed in the separate sheet due to the death of M, are obligated to perform the procedure for cancellation of registration of cancellation of ownership preservation for each of the Defendant listed in the separate sheet

On the other hand.

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