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(영문) 광주지방법원 해남지원 2018.08.07 2017가단20170
소유권말소등기
Text

1. The defendant on December 14, 2007, with respect to the plaintiff with respect to the 6,555 square meters of farmland C in Jeonnam-do, Jeonnam-gun, Gwangju District Court Full-do registry office.

Reasons

1. Basic facts

A. On June 18, 1915, the Plaintiff’s Chonam-gun was under circumstances of 6,555 square meters of land C in Donam-do (hereinafter “instant land”).

B. D died on May 13, 1961, and E, his children, also, died on January 27, 1992. The plaintiff's inheritance shares in D's property are 1359/17901.

(See Attached Table of Inheritance Shares). (c)

F, G, and H are the Defendant A’s Certificate No. 5 and the written application for the issuance of the Certificate No. 6, around the date of 2006, the F, G, and H are “I-Class 6.”

In light of the fact that the Defendant indicated “A” on January 11, 1970 as “C” the certificate of No. 5 of this case’s land from D, but the land category or area is consistent with the land of this case; the land category and area of the J land at the time when the said certificate was prepared, around 2006, at the time when the said certificate of guarantee was prepared, is “B” and the area of the land is closely divided into “942 square meters” (see evidence 10-1 of this case’s certificate); in light of the fact that the parcel number of the land of this case in the certificate of No. 6 of this case issued pursuant to the above certificate of guarantee was indicated as “C”, the “J” as indicated in the above certificate of guarantee was clearly written to the effect that it is a clerical error of “C.” The Defendant was issued a written confirmation of completion of the same contents from the head of Gun on November 19, 207.

C. The Defendant, based on the written confirmation issued as above, shall be governed by Article 7500 of the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate, and "Special Measures Act" (hereinafter referred to as "Special Measures Act").

Pursuant to the judgment, the registration of initial ownership was completed as of December 14, 2007 by the Gwangju District Court Full-scale Registry No. 27911 on December 14, 2007. [The entries in Gap evidence No. 1-2, Gap evidence No. 2 through 7, 12, and 13, and the purport of the whole pleadings.]

2. The parties' assertion

A. The Plaintiff’s land at issue is the land, the ownership of which was originally acquired under the circumstances of D, including the Plaintiff.

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