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(영문) 전주지방법원 2014.05.23 2011가단21169
소유권보존등기말소등기
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is attached Form 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Each registration of preservation of ownership and registration of ownership have been made with respect to the 1st, 4th, 2200 square meters of C forest (13,983 square meters), D forest, 1st, 2200 square meters of D forest (1,190 square meters) and 21th, 21th, 223 square meters of E forest (21,223 square meters) in succession. The said C forest is divided into the 8,727 square meters of F forest, G 5,256 square meters of forest, and the said E forest is divided into the 4th,70 square meters of H forest (4,661 square meters of forest), 13th,40 square meters of forest (13,289 square meters of forest), and 3th,273 square meters of forest and field (3,273 square meters

B. On June 4, 1941, the above F forest land was merged with 8,727 square meters, 1,190 square meters of D forest land, and 13,289 square meters of I forest land and were merged with 24,053 square meters of the above K on June 4, 1941 (hereinafter “K land before division”).

(In the process, the area has increased by 847 square meters).

On October 10, 194, the Defendant’s lighting L (M) was registered as the owner on the old land cadastre concerning K’s land before subdivision. D.

On December 20, 1952, K land before subdivision was divided into eight parcels from 2,162 square meters to 443 square meters before N, as shown in attached Table 3.

E. Meanwhile, on May 3, 1956, the registration of ownership transfer of each 1/4 share was completed in the name of the Plaintiff, O, P, and Q (hereinafter “Plaintiff, etc.”) on May 3, 1956 with respect to the said C forest land 1, 4,200 square meters (1,190 square meters), 1,200 square meters for D forest land (1,190 square meters) and 21,223 square meters for E forest land (21,223 square meters).

F. On August 28, 1959 and September 16, 1959, the Defendant’s registration of preservation of ownership of each piece of land from 2,162m2 to 443m2 before K was completed.

G. Each land between 2,162m2 and 443m2 before N prior to the above K was divided in order as shown in the attached Table 3 on December 19, 1960; March 3, 1979; January 24, 1980; January 18, 2001.

Each land listed in the attached Table 1 list and each land listed in Articles 4 through 18 of the attached Table 2 list (hereinafter referred to as “each land of this case”) are all divided from each land divided from the land of the same 2,162 square meters to 443 square meters, which is divided from the land of the above K, which is divided from the land of the previous K before

H. As to each of the instant lands, each registration of ownership preservation in M’s name was completed, while the registration of ownership transfer in a separate registration form on May 3, 1956 by the Plaintiff et al.

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