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(영문) 의정부지방법원 2015.04.30 2013가합2945
매매계약자지위확인
Text

1. The plaintiff's claims against the defendant B, C, E, and G are all dismissed.

2. The Plaintiff’s claim against Defendant D and F respectively.

Reasons

1. Presumed factual basis

A. The Plaintiff is a clan that consists of descendants of the 12-year-old 12 descendants as a joint ancestor.

B. At the same time, the 5th 11th 1st 1st K Forest in East-gu (hereinafter “the forest before division”) was destroyed by the Korean War while owned by L, M, N, andO.

After the registration of ownership preservation was completed in the name of P, Q, R, and S on September 18, 1958, the registration of ownership transfer in the name of P was completed in relation to the shares of S (1/4) among the forest land before division.

On December 10, 1966, the forests and fields before the division were divided into three square meters in 10, 438 square meters in H forest (103,438 square meters; hereinafter “instant forest”) and 7,140 square meters in T forest and fields.

C. On December 14, 1966, the registration of transfer of ownership in U was completed on December 7, 1966 with respect to the whole forest of this case.

On the other hand, on December 14, 1966, the registration of transfer of ownership in V was completed on the grounds of sale on December 7, 1996 with respect to T forest land 7,140 square meters.

On May 2, 1974, the Republic of Korea decided to requisition 29850 shares of 31290 out of the forest of this case for military necessity, and completed the registration of ownership transfer due to sale on March 6, 1974.

E. U on March 16, 2006, completed the registration of ownership transfer on the ground of donation on March 10, 2006 to W, a grandchild, with respect to the entire shares of his own (1440/31290 shares) out of the forest of this case.

F. In around 2011, Korea issued a repurchase notification to U.S., the person requisitioned in accordance with the Act on Special Measures for the Disposal of Requisitioned Property, as the requisition portion among the forest of this case was no longer necessary for military purposes.

G. U died on February 19, 2013, and the Defendant C, D, E, F, and G, his spouse, succeeded to the deceased’s property.

H. Defendant D and F completed the registration of ownership transfer on April 15, 2013 with respect to the portion owned by the Republic of Korea 14925/31290 of each of the instant forest land owned by the Republic of Korea.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, and 6 serial numbers.

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