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(영문) 제주지방법원 2020.09.08 2018가단59993
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In Jeju City, registration of preservation of ownership in the name of the deceased D (hereinafter “the deceased”) was completed with respect to the 643 square meters (hereinafter “land before division”). The deceased died on March 10, 1960, and his heir E, F, and the Plaintiff.

B. North Jeju-gun, pursuant to the former Farmland Expansion and Development Promotion Act (amended by Act No. 2838, Dec. 31, 1975; hereinafter “former Farmland Expansion and Development Promotion Act”), designated the area including the land before subdivision as the area subject to the “G Area Mountain Development Project” and approved on June 28, 1975, and completed the said project on February 20, 1976.

C. North Jeju District Court Decision 17425 dated August 18, 1978 (No. 17425 of the Jeju District Court Order No. 17425 on the land before subdivision due to the subrogation of the defendant as the cause of subrogation for the right to claim the farmland improvement registration of this case (hereinafter "the ownership transfer registration of this case") is the "transfer registration of this case".

(D) The Defendant possessed the land before subdivision from around 1971, and the land before subdivision was divided into the forest of this case around October 18, 1978. [Grounds for recognition] The fact that there is no dispute, Gap 1 to 3, Eul 4 and 5 each statement (if there is a serial number, including a serial number; hereinafter the same shall apply).

- The purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The registration of transfer of ownership in this case was made on September 10, 1971 after the deceased died, and thus the cause is null and void.

The plaintiff, as co-owner of the forest of this case, seeks the cancellation of the registration of transfer of this case as a preservation act.

(b) Articles 44 and 47 of the former Farmland Expansion and Development Promotion Act and Article 44 of the former Farmland Expansion and Development Promotion Act (Registration of Land Substitution Disposition) (1) When a land substitution plan is authorized, a project operator shall entrust or apply for the registration of land and buildings concerning the relevant land substitution plan;

(2) Where a project implementer needs to file an application for registration of replotting, the registered titleholder and heir.

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