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(영문) 춘천지방법원속초지원 2020.11.13 2017가단2412
지상권등기말소
Text

1. The Defendants fall under each of the following items: (a) the Plaintiff is the final inheritance share in the attached Form 13,694 square meters of forest land in Gyeyang-gun, Gangwon-do.

Reasons

1. Facts of recognition;

A. The registration of creation of superficies (hereinafter “registration of creation of superficies of this case”) was completed on September 30, 1971 with respect to the land indicated on the disposition of this case (hereinafter “the land of this case”) from the person holding superficies N, objective forest trees, the entire scope of the land, the duration of the land, and the establishment of superficies for thirty years from September 30, 1971.

B. The Plaintiff completed the registration of ownership transfer on March 30, 198 on the instant land by reason of sale on March 7, 1988.

C. N was killed on September 22, 1991.

N is the inheritor of the Defendants, and the inheritance shares are as shown in the final inheritance shares in the annexed sheet.

[Reasons for Recognition] Defendant E, F, J, and K: The description of the evidence No. 1, the entire purport of the pleading, and the remaining Defendants: The confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the registration of creation of superficies of this case was extinguished upon the expiration of its duration. Thus, the defendants, N's successors, are obligated to implement the procedure for cancellation registration of the registration of creation of superficies of this case to the plaintiff, the owner of the land of this case.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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