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(영문) 서울중앙지방법원 2014.12.18 2013가합87562
소유권말소등기
Text

1. As to the Plaintiff, with respect to each land listed in the Appendix 2 List:

A. Defendant I, J, K, L, M, attached Form 3.

Reasons

Attached Form

Forest land and land in 1,2 are owned by the plaintiff.

However, U, V, X, Y, and Z have arbitrarily completed the registration of preservation of ownership of the forests and fields listed in attached Table 1, and U, V, AA, X, AB, and AC have completed the registration of preservation of ownership of the forests and fields listed in attached Table 2.

Pursuant to the judgment of the preceding case (Seoul Central District Court 2004Gahap8986, Seoul High Court 2008Na28702), each registration of preservation of ownership of forests and fields listed in the attached Table 1 was corrected in the name of the plaintiff.

In addition, AA, AB, and AC voluntarily transferred the registration of shares that have been completed in their future to the president of the Plaintiff or the Plaintiff.

Attached Form

The registration of preservation of ownership in U, V, X-type with respect to the land stated in the 2nd registration is the registration of invalidity of cause.

And registration of ownership transfer of T, W, and Defendant N, P, P, Q, R, and S, which are based on the registration of ownership preservation of cause invalidity, are also registration of invalidity of cause.

Therefore, the Plaintiff sought for the registration of each share transfer and the cancellation of registration of ownership preservation for the defendants, who are the successors of U, V, X, T, and W, as to the above-mentioned parcels listed in attached Table 2.

[1] Defendant 2, 8, 9, 12: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act), ② Defendant 4, 16, and 17: Judgment by public notice (Article 208(3)2 of the Civil Procedure Act), ③ Defendant 1, 3, 5, 6, 7, 10, 11, 13, 14, 15, and 18: Non- pleadings (Article 208(3)1 of the Civil Procedure Act).

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