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(영문) 대구지방법원포항지원 2019.01.22 2017가단4810
소유권이전등기말소
Text

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

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

Reasons

1. The plaintiff is the fourth son of the network E, and the defendant B is the second son of the network E.

On December 16, 1938, the network E completed the registration of ownership transfer in its own future with respect to 3,868 square meters of the Nam-gu D Forest (hereinafter “the forest before the division of this case”).

The network E died on June 18, 1972.

On April 18, 1995, Defendant B completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) under the former Special Act on the Registration, etc. of Ownership of Real Estate (Act No. 4502, hereinafter “Special Measures Act”) with respect to the forest of this case, accompanied by a three guarantee form, including G, stating that “Defendant B purchases from F on March 9, 1975 and actually owns it as of the present time” (hereinafter “the instant guarantee form”).

On November 27, 1931, H was divided into the forest before the instant subdivision, and on June 18, 1989, I was divided into the forest before the instant subdivision, and on July 11, 2005, part of the remaining forest before the instant subdivision was expropriated at the port, J and K was divided, and the final area of the forest before the instant subdivision was 2,705 square meters (hereinafter “the instant forest”). At that time, Defendant B received the compensation for expropriation.

Defendant C purchased the forest land of this case from Defendant B on May 19, 2014, and completed the registration of ownership transfer in its future on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 15 evidence, Eul 8 to 10 evidence, the purport of the whole pleadings

2. Determination as to Defendant C’s main defense

A. The defendant C asserts that the plaintiff's lawsuit of this case shall be dismissed since it has exceeded 10 years, which is the reverse limitation period, as a lawsuit for recovery of inheritance.

B. (1) Determination of the legal doctrine refers to the person having the appearance of reliance on the property of the heir or the heir, who is the other party to the claim for recovery of inheritance, even though there is no legitimate inheritance right. The whole or part of the inherited property is referred to as the heir.

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