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(영문) 창원지방법원마산지원 2017.11.08 2017가단104142
소유권이전등기
Text

1. The Defendants indicated in the attached Form No. 21, 3, 24, 23, 22, 20, 21 among the forest land of 28,680 square meters in Gyeongnam-gun, Gyeongnam-gun.

Reasons

1. Indication of claim;

A. On October 14, 1942, H, the father of the Plaintiff, who is the father of the primary claim, purchased each of the real estate listed in Paragraph (1) of the Disposition out of each of the above real estate from the deceased J (K) who represented the actual owner of F, 28,680 square meters of forest land and G, 8,443 square meters of forest land (hereinafter “each of the instant real estate”). However, on June 30, 1970, H, L, and M formed a mutual title trust relationship with respect to each of the instant real estate by completing the registration of ownership transfer for one-third shares of each of the instant real estate among the instant real estate.

The Plaintiff, on June 30, 1995, received the registration of ownership transfer with respect to 1/3 shares of each of the instant real estate from H, and succeeded to a mutual title trust relationship with L, M, and upon L’s death on August 29, 2002, L’s wife died on January 10, 2008, the Defendants jointly inherited the mutual title trust relationship. As such, the Plaintiff terminated the mutual title trust relationship with the Defendants by final delivery of the copy of the instant claim and the application for modification of the cause of claim against the Defendants.

B. The network of the ancillary cause of the claim H above

As stated in Paragraph 1, each of the above real estate was purchased from that time and possessed it in peace and public performance with the intention of possession from that time, and the Plaintiff transferred it to the Plaintiff on January 9, 1980, and the Plaintiff also continued to occupy it in peace and public performance with the intention of ownership until then. As such, the Plaintiff acquired each of the real estate listed in Paragraph 1 of the Disposition as of June 30, 2015 after 20 years from June 30, 1995 by prescription.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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