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(영문) 창원지방법원밀양지원 2015.09.16 2014가단10825
소유권말소등기
Text

1. Defendant D, E, G, H, I, J, and K are the same as Defendant E’s 1/2 shares in M forest land M 2031 square meters in smuggling to the Plaintiffs, and Defendant D’s 21/154.

Reasons

1. Determination as to the claim against Defendant L/F

A. The facts of recognition are 1) M forest land M 2031m2 (hereinafter “instant land”) at the time of smuggling

(2) On January 4, 198, Defendant D, G, H, I, J, K, and L’s decedents, and Defendant E completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) of the instant land under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on May 4, 1981 by the Changwon District Court was received No. 12972 on May 4, 1981. Defendant FF completed the registration of ownership transfer of the instant land under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “the registration of ownership transfer of this case”). Defendant FF completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”).

3) On November 25, 1948, the network N succeeded to the network P, a South-North Korea, and the network P died on February 12, 1993 and succeeded to the plaintiffs. [Grounds for recognition] There is no dispute, A1 through 6, and evidence Nos. 8 (each entry, including a serial number, and the purport of the whole pleadings.

B. The plaintiffs' assertion was inherited to the land on which the network N was assessed, and the registration of preservation of ownership and transfer of ownership of this case, which the defendants completed with respect to the land of this case, is a false letter of guarantee and confirmation invalidation of cause based on the confirmation. Thus, the defendants are obligated to implement the registration procedure for cancellation of ownership preservation and transfer of ownership of this case to the plaintiffs.

C. Since registration of ownership preservation and ownership transfer under the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate is presumed to be a registration that conforms to the substantive legal relationship, a letter of guarantee or confirmation under the above Act, which served as the basis for the relevant registration, was prepared falsely.

or forged;

Any other reason shall be alleged to have not been duly registered.

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