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(영문) 대구지방법원경주지원 2016.12.09 2015가합2775

토지인도

Text

1. The Defendant shall set up the Plaintiff on the ground of 19,780 square meters in C-sports site and 17,070 square meters in D-sports site, etc.

Reasons

1. Basic facts

A. On November 1, 1917, E forest land E 36,496С (hereinafter “instant land before the instant subdivision”) was under the joint name of F, G, H, and I on November 1, 1917. The Plaintiff and J are one of the co-inheritors of each of the above H, and K is one of the co-inheritors of the above G.

B. Since the registration of ownership preservation in the name of “owner F/M L” was completed on December 6, 2004 as to the land before the division of this case on December 6, 2004 (hereinafter “registration of ownership preservation”), the registration of ownership transfer in the name of “N” was completed on December 6, 2004 under the receipt of the same court No. 70624 on December 6, 2004, and the registration of ownership transfer in the name of N was completed on December 7, 2004 under the receipt of the same court on December 7, 2004, under the receipt of the same court on January 12, 2001, under the receipt of the same court on January 12, 2007, the registration of ownership transfer in the name of Nonparty B Co.,, Ltd. (merged with the Defendant on July 1, 2007), and the registration of ownership transfer in the name of the Defendant was completed on August 6, 2007.

C. However, the registration of preservation of this case and the transfer of ownership in the name of M was forged and completed in the name of F, the title holder of the preservation registration of this case, the certificate of personal seal impression, the forest land register prior to the division of this case, and the real estate sales contract, etc., and M was convicted of having been charged with the above criminal facts and finally finalized.

K filed a lawsuit against M, N, Defendant, etc. seeking the preservation of ownership and the cancellation of each transfer of ownership on the land prior to the instant partition (this Court 2010da876). On August 9, 2011, K rendered a judgment with the purport that “M, N, and Defendant shall implement each registration procedure for the preservation of ownership and the cancellation of each transfer of ownership, which completed with respect to the land prior to the instant partition.”

Since then, N and the Defendant appealed the above first instance judgment (Tgu District Court 201Na19766), and the Daegu District Court on May 24, 2012 relating to the land before the instant partition.