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(영문) 광주지방법원순천지원 2015.12.10 2014가단75862
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and Defendant F are children of the deceased J (the deceased on May 5, 196, hereinafter “the deceased”), and Defendant G and H are Defendant F’s wife and children.

B. On November 5, 1980, concerning 14,380 square meters of I forest land in Gwangjuyang-si, the deceased was owned by the Gwangju District Court pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”), the registration of ownership transfer (the cause of registration on November 2, 1960) was completed in Defendant F.

C. On June 4, 1990, 14,380 square meters of I forest land in Jeonyang-nam-si were divided into K forest land with 897 square meters in size, and 451 square meters in size into L roads, respectively, and 13,032 square meters in size.

(hereinafter referred to as “the instant forest” collectively with 14,380 square meters and 13,032 square meters after division.

Defendant F donated the instant forest land to Defendant G and H on January 13, 2012, and completed the registration of transfer of ownership on January 16, 2012 as Defendant G (1/2) and H (1/2) under the receipt of the Mineyang Registry for the 1916th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. On the premise that the registration of transfer of ownership in Defendant F’s name is null and void, the Defendants filed the instant lawsuit seeking the cancellation of the registration of transfer of ownership against the Defendants, and the Defendants constituted the claim for recovery of inheritance. 3 years have already passed since the Plaintiffs became aware of the registration in Defendant F’s name, and 10 years have already passed since the registration was made. Accordingly, the instant lawsuit is deemed unlawful as it was filed for the exclusion period to lapse.

In the case of a claim for recovery of inheritance, a person who asserts that he had acquired ownership on the ground of inheritance is seeking the recovery of the infringed inheritance right against a reference successor, and the reference successor does not have a legitimate right to inheritance.

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