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(영문) 광주지방법원목포지원 2015.07.20 2014가단6358
소유권말소등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a clan consisting of the net G, among the descendants of E, who entered the F of the Shinnam-gun, which is a joint group of members.

B. On December 25, 1918, the forest land listed in the annexed list (hereinafter “the forest land of this case”) was under circumstances in H on December 25, 1918, and thereafter the ownership transfer registration was completed in the future D.

C. In addition, on April 7, 1926, the registration of ownership preservation was completed in the future on April 7, 1926, and on December 8, 1994 based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4501, hereinafter “Special Measures Act”), the registration of ownership transfer was completed on July 1, 1985.

After that, on December 7, 2001, Defendant C sold the forest land of this case to Defendant B in KRW 38,40,000, and Defendant B completed the registration of ownership transfer on the forest land following the following day.

E. Meanwhile, in order to complete the registration of ownership transfer under the Act on Special Measures, Defendant C submitted a letter of guarantee on August 20, 1994 under the name of I, J, and K joint ownership at the time of filing an application for the issuance of a written confirmation on the ownership transfer of the forest of this case to the Korea Military Administration in accordance with the Act on Special Measures, and the said letter of guarantee stated that “Defendant C shall jointly and severally guarantee that the forest of this case was currently purchased from D registered in the forestry register on July 1, 1985.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the land of the Plaintiff’s clan, which the Plaintiff owned without title trust to the clan D, which is the cause of the clan, and the Defendant C assumes that the said woodland was purchased from D, the nominal owner in the registry, and completed its registration in the future.

Therefore, as above, the registration of the transfer of the ownership in the defendant C, which was completed without any legal cause, and the name of the defendant B, which was based on this.

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