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(영문) 대구지방법원 2011.10.26 2010나14061
소유권보존등기말소 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the scope of the next order for implementation shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. In referring to the land located in the above AP Ri, “Seoul-gun AP Ri” was omitted, and the area was omitted, on February 4, 1932, 1932, the registration of ownership preservation was completed in the name of K on January 15, 1940, and the ownership transfer was completed on January 15, 1940 through L, etc.

B. After that, following the death of M and N in the order, each forest of this case was inherited to the Plaintiff, etc., and as some inheritors donate their shares to the Plaintiff, the ownership transfer registration under the name of the Plaintiff was made with respect to shares of 29/33 out of each forest of this case as at the time when certain inheritors donate their shares to the Plaintiff.

C. Meanwhile, each of the instant forests was registered as State-owned land in around 1957, when the ownership transfer registration under the name of the deceased M was completed, together with the neighboring forests actually being used as a dry field, and as a result, the new lot number was set. As to each of the land newly registered as above, registration of ownership preservation was made in the name of the Defendant Republic of Korea around 1958. As to each of the above land (including the land re-divided thereafter), even some of the land within the scope of each of the instant forests is R, U, AH, P through X, X, and Q (hereinafter “instant re-divided land”).

순번 부동산의 표시 (지번 변경 내역) 등기명의인 관할등기소 접수일 및 접수번호 등기종류 1 ㅊ, ㅋ (P,R,S Q,AJ) 대한민국 고령등기소 1958. 5. 5. 제430호 소유권보존등기 B 〃 1995. 8. 7. 제14598호 소유권이전등기 2 ㅇ, ㅈ (R,S T,AK) 대한민국 〃 1958. 5. 15. 제431호 소유권보존등기 D 〃 1990. 1. 12. 제296호 소유권이전등기 C 〃 1998. 7. 8. 제6848호 〃 3 ㅂ, ㅅ, ㅌ1 (R,S,X,AQ V,AL) 대한민국 〃 1958. 5. 15. 제433호...

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