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(영문) 창원지방법원통영지원 2016.11.30 2016가단22454
소유권말소등기
Text

1. Defendant B’s registration office of Changwon District Court on May 2016 with respect to the real estate stated in paragraph (2) of the attached Table to the Plaintiff.

Reasons

1. Basic facts

A. According to the land cadastre, “Fri” was written on February 25, 1915, when the land cadastre refers to the real estate located in E 2,407 square meters (hereinafter referred to as “Friet F in the city”) prior to subdivision, and the “Fri” was written as the circumstance was followed by “Fri” on February 25, 1915.

B. After the subdivision, G, H, and I land is divided into E forest land in 2,407 and the said forest land was divided into 7,551 square meters prior to the subdivision on November 2, 1987.

(hereinafter referred to as “the instant woodland” in total, including E 2,407 square meters of forests and fields and E 7,551 square meters of forests and fields before division.

On December 8, 1993, the defendant Sado filed a registration of preservation of ownership with respect to the forest of this case before the division of this case, which had not been registered.

Since then, on October 4, 2010, Defendant Sado divided the forest land before the instant partition into each land listed in the separate sheet, and sold the land listed in paragraph (2) of the attached sheet to Defendant B on May 2, 2016, the land listed in paragraph (5) of the attached Table to Defendant C on May 4, 2016, and the land listed in paragraph (6) of the attached Table to Defendant D on May 2, 2016, and completed the registration of ownership transfer.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a non-corporate body established for the purpose of enhancing the rights and interests of residents living in A, promoting friendship among residents, etc., and “Friuri” written on February 25, 1915 on the land cadastre as the circumstance of the forest land before the instant partition is the Friuri, a telegraphic body of the Plaintiff.

However, without any legal title, the defendant Sa city made a registration of preservation of ownership of the forest land before the division of this case without any legal title, and divided the forest land into each land in the attached list.

Therefore, the registration of preservation of ownership in the name of the defendant o-si on each land listed in the attached list should be cancelled all due to the invalidity of the cause, and it is based on the registration of preservation of ownership, which is invalid.

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