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(영문) 창원지방법원통영지원 2016.11.22 2016가단21666
소유권말소등기
Text

1. The defendant shall have the same registry office with respect to the area of 893 square meters, E, which is located at the time of occination to the plaintiffs, as the receipt of December 29, 2006.

Reasons

Basic Facts

H and 41 persons, who were residing in G village, were divided into 2,975 square meters of F forest land and 2,975 square meters (hereinafter “1 real estate in this case”) on August 31, 194 and J 10,413 square meters of forest and f forest land (hereinafter “the forest in this case”) in Doo-si, which were owned by the State on October 28, 1937, when they purchased the forest and 41 forest land (hereinafter “the forest in this case”).

H et al. and 41 or their inheritors made an industrial subdivision on January 26, 1961, and the major purport of which is as follows.

“The joint ownership located in I and K shall be signed and sealed by dividing it into the following categories. The first co-owner 42, H minutes shall be first manufactured and divided into 41 persons (hereinafter omitted).” The Defendant completed the registration of preservation of ownership on October 23, 1979 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977).

Around February 28, 1966, the Defendant signed and sealed each letter of guarantee (hereinafter “the letter of guarantee of this case”) with the content that the Defendant purchased from each H and 41 persons and owned the real estate of this case from February 28, 1960 to the present date, and completed the registration of preservation of ownership, such as the statement in the purport of the claim as to the first and second real estate of this case, from February 28, 1960, and from February 28, 1961 to the present date, the real estate of this case was purchased from each H and 41 persons (hereinafter “the letter of guarantee of this case”). Upon obtaining a written confirmation from the competent authority, the Defendant completed the registration of preservation of ownership, such as the statement in the purport of the claim as to the first and second real estate of this case.

Plaintiff

A and B were the heir of the deceased L, the Plaintiff’s heir, and the Plaintiff’s heir of the deceased M, and the Defendant received the entire inheritance portion of the deceased H as the grandchild of the deceased H (Death on April 6, 1959).

【Ground of recognition” has no dispute or is not clearly disputed, evidence A1 through 12, evidence B 1 through 8, and argument of the parties to the whole pleadings.

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