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(영문) 서울고등법원 2012.10.05 2011나25963
소유권말소등기
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be borne by R.

purport.

Reasons

1. Basic facts

A. On January 31, 1939, each registration of ownership transfer was completed under the name of E on January 21, 1939 with respect to each parcel of land listed in the 11th 9th 7th YY and the 4th 5th 7th YYY, Gyeonggi-gun, Gyeonggi-gun, and the 1939. On January 31, 1939, each registration of ownership transfer was completed under the name of E on November 21, 1936. After that, the registration of ownership transfer was completed on December 12, 1970, each of the above registered titleholder changes to "AFFFS Association" due to the change of the name on December 2, 1970. In addition, the registration of ownership transfer was completed in the name of 8 persons such as G and H on January 22, 1971. The registration of ownership transfer was cancelled on March 28, 1986, each of the above registered shares was cancelled on May 315, 1984.

B. On March 28, 1986, D Forest land in Gyeonggi-gun was registered in installments with land listed in the 11th 8th 8th Y and attached Tables 1 and 2, and the said I land was registered in installments with land listed in attached Table 3, etc. on September 19, 1989.

C. The ACC 14 years of age F had J and K under the Ss, and J had L and Ma under the Ss. K had N, C,O, and P, but L did not go under the s, and C had a third son of C, and C had a mutual guidance between L's descendants and C's descendants, such as having entered the B's second son, and C's second son, respectively. Since the next 1930s, C and C were composed of some subsequent descendants and C's second son, and the Plaintiff's text was enacted on October 26, 1969.

Plaintiff

On February 14, 2006, Suwon District Court Decision 2006Gahap2967 decided on February 14, 2006 filed a lawsuit identical to the purport of the claim of this case, but lost on June 10, 207.

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