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(영문) 수원지방법원성남지원 2019.03.27 2018가단237342

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 30, 1934, as the network B was dissatisfied with the situation according to the forest survey project at the time of the Japanese occupation occupation period, there was a ruling on April 30, 193 to the effect that the forest land of 8 m2 (16,61m2) is owned B among 3 m23 m2 (34,016m2) of the 3m3m2 (34,016m2) of the 3m3m2 (16,661m2) of the 1st unit of the 3m2 forest and the forest land

B. However, at the time of the cadastral restoration in 1967, C was restored to D (hereinafter “D forest after restoration”) and D was restored to E (hereinafter “E forest after restoration”). After the restoration owned by the Plaintiff, each registration of preservation of ownership was completed in the name of the Plaintiff as to E forest after the restoration owned by the Plaintiff.

C. B, on the ground that the registration of preservation of ownership of D forest land was made in its name after restoration, as seen above, sold D forest land (C forest land before restoration) to F on November 23, 1967 and completed the registration of ownership transfer on November 29, 1967. The F sold 1/2 shares of the above forest land to H on January 21, 1982 and completed the registration of ownership transfer on February 4, 1982. The Defendant acquired the above forest land through consultation from G and H on June 26, 2003 and completed the registration of ownership transfer on June 27, 2003 under Article 14715 of the Sungnam Branch District Court's registration office of receipt of Sungnam Branch Branch Family Court's ownership (hereinafter "the ownership transfer of this case").

On the other hand, after recovery, I, the heir of B, was owned by the heir of E, but the registration of ownership preservation was made in the name of the Plaintiff, and filed a lawsuit against the Plaintiff for the claim for the registration of ownership cancellation under the Seoul Central District Court 2018Gahap543524, and the above court rendered a judgment on November 30, 2018, stating that “the Plaintiff will implement the procedure for the registration of ownership transfer for the portion of 10/21 out of E forest after recovery to I.”

[Ground of recognition] Each entry of Gap evidence 1 to 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The assertion; and