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1. The Defendants, with respect to Defendant C, D, E, F, G, with respect to Defendant B’s share of 3/15 square meters in Jeju-si I orchard 4,526 square meters, respectively.
Reasons
1. Indication of claim;
A. Jeju-si I orchard 4,526 square meters (hereinafter “instant real estate”) is owned by the Plaintiff.
B. On July 24, 2004, Defendant C, D, E, F, G, and H were succeeded to the provisional registration stated in the order and the judgment of the superficies right-holder upon the death of July 24, 2004.
Inheritance shares are 2/15, Defendant C, D, E, F, G, and H, respectively.
C. Since the above provisional registration was not exercised for ten (10) years during which the right to complete the reservation was exercised, the period of exclusion expired, and the term of the superficies (from May 5, 1978 to May 4, 1993) expired.
Therefore, the defendants are obliged to cancel provisional registration and superficies as stated in the text.
2. Applicable provisions;
A. Defendant B, C, D, and E: The judgment on deemed confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act, and Defendant C submitted a written reply demanding dismissal of the claim, but in light of the content of the written reply, it is reasonable to view that the Plaintiff’s assertion was not clearly disputed).
Defendant F, G, or H: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)