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(영문) 대구지방법원안동지원 2017.04.19 2016가단20374
소유권말소등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs are the successors of the network D (hereinafter “the deceased”) assessed on August 8, 1919 regarding the forest land listed in the separate sheet (hereinafter “instant forest land”).

E, F, G, and network H completed registration of preservation of ownership of each of 1/4 shares under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111, May 21, 1969 and repealed by Act No. 9143, Dec. 19, 2008; hereinafter “Special Measures Act on Forest Land”) on April 22, 1970 based on false guarantee certificates, written confirmations, etc. with respect to the forest of this case, and I completed registration of preservation of ownership of 1/4 shares (hereinafter “registration of preservation of ownership of this case”), and I completed registration of transfer of ownership of 1/4 shares due to inheritance due to consultation division from deceased H on November 29, 191 from February 29, 198.

The Defendant completed each ownership transfer registration (E, F, and Dong-dong Branch of Daegu District Court on March 31, 1995, No. 10341, which was received from G on March 31, 1995, with respect to shares of 3/4, and with respect to shares of 1/4, which were received from I on August 17, 2006, No. 21147, which were received on August 17, 2006, hereinafter “each of the instant shares transfer registration”).

Therefore, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration of this case, which is null and void, to the plaintiffs, the owner of the forest of this case.

2. Determination

(a) The forest land or land, the preservation of which has been made under the Forestry Act or the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate, shall be presumed to have been completed in accordance with the lawful procedures prescribed by the said Act, and the registration shall be presumed to have been in conformity with the substantive legal relationship. Therefore, the person who intends to file a lawsuit for the cancellation of the preservation of ownership completed under the said Act shall change the name in the forest register.

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