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(영문) 전주지방법원 2017.07.05 2016가단6387
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Each land indicated in the attached list of the Plaintiff’s assertion (hereinafter “each land of this case”) is desolated site owned by Defendant Jeollabuk-do, and K, the father of the Plaintiff, cultivated and managed each land of this case since the 1960s. As such, pursuant to Article 7(1) of the Management Regulations for the Disused Sites of Jeollabuk-do (amended by Directive No. 1232, Mar. 10, 200; hereinafter “the Management Regulations of this case”), as a person having the right to purchase each land of this case as a person having the right to purchase it from Defendant Jeollabuk-do. The Plaintiff transferred this to the Plaintiff.

However, the remaining Defendants except Defendant Jeollabuk-do purchased each of the instant land illegally in violation of the instant management regulations, completed the registration of ownership transfer, or purchased it again from a person who illegally purchased it, completed the registration of ownership transfer, completed the registration of ownership transfer, or completed the registration of establishment of mortgage before making a loan as security, or completed the registration of provisional seizure as its creditor.

Therefore, both of the above registration of ownership transfer, registration of establishment of neighboring mortgage, and provisional seizure are null and void. The plaintiff is obligated to implement the above registration of ownership transfer, registration of establishment of neighboring mortgage, and registration of cancellation of provisional seizure with respect to each of the above land of this case. The defendant Jeollabuk-do is obligated to verify that the plaintiff is the purchaser as the owner of each of the land of this case.

2. Determination

(a) Where desolate river sites, etc. meet the following requirements, a river management agency shall exchange such desolate river sites, etc. with another person's land or land already incorporated into a river area in accordance with the order of priority and standards prescribed by Presidential Decree, or transfer such sites to a river to a river, in accordance with Article 85 of the River Act:

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