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(영문) 춘천지방법원속초지원 2016.11.22 2015가단301818
소유권말소등기
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, among the 49,837 square meters of Gangwon-gun B forest land in Gangwon-gun, the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 21, 1976, the registration of the preservation of ownership in the Defendant’s name was completed on October 21, 1976 for the land of 15,769 square meters in Gangwon-gun, Gangwon-do (hereinafter “the land prior to the instant annexation”), which was merged into B forest land with D, E, F, G, H, and I forest land on July 18, 1988.

B. Since November 11, 2004, the area was divided into J 4,527 square meters of land and K 104,316 square meters of land in J Dowon-gun B forest in Gangwon-gun, Gangwon-do on November 11, 2004 (hereinafter “instant land”) and became 49,837 square meters of land in J 4,527 square meters of land.

C. The Plaintiff filed a lawsuit against the Defendant for the registration procedure for cancellation of registration of cancellation of ownership preservation in the name of the Defendant, which was completed with respect to the land in the instant case, among the instant land under the jurisdiction of the Chuncheon District Court as the Heading Office 2013da3127, and the said court rendered a favorable judgment on November 17, 2015, and the said judgment became final and conclusive around that time by failing to file an appeal by the Defendant

(hereinafter referred to as “transfer lawsuit”) d.

However, there was an error in the appraisal standard for seeking the area of the land prior to the instant merger among the instant land at the time of the previous lawsuit, which was in turn connected each point of (a) section 15,769 square meters in the ship (excluding the portion recognized in the previous lawsuit) connected each point of the said section 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 15,769 square meters in the attached Form.

E. Meanwhile, the land prior to the merger of this case was assessed by the Plaintiff’s inheritance division at a certain time.

F. The adjudication of disappearance on April 29, 1998 becomes final and conclusive, and the adjudication of adjudication of disappearance of L’s spouse and children, as well as M, has become final and conclusive, and M’s children, including the Plaintiff, have succeeded to L.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (if there are additional numbers, including each number; hereinafter the same shall apply), appraiser N's appraisal, the purport of the whole pleadings

2. The defendant's judgment on the main defense is the criteria for the plaintiff's appraisal in the previous lawsuit.

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