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(영문) 서울고등법원 2018.02.09 2017나2032372

소유권이전등기

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The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Details and possession situation of the forest land;

A. At the time of December 18, 1971, the network N completed the registration of the preservation of ownership in its name with respect to the 13,035 square meters of forest land in Gyeonggi-gu, Gyeonggi-do.

B. On December 5, 1986, the above forest was divided into 6,320 square meters of land and 6,715 square meters of AA forest (hereinafter “the instant forest”). The Defendants completed the registration of ownership transfer for each of 50% of the instant forest land on the same day based on the sale on the same date.

C. Around May 197, 197, the net P (hereinafter “the deceased”) set up three rooms of earth bricks, bricks, roof structure of asbestos slates, 24.6 square meters, and 3 square meters of the same structure on the land of the instant forest, and around that time, without completing registration of preservation of ownership of the said building until the death of June 14, 2002, while living together with his family and raising livestock in livestock or raising water in the livestock shed. On the other hand, a garden was set up in the vicinity of the said housing and livestock shed.

In around 2008, there are three buildings on the land of the forest of this case after their bereaved families extend a stable. D.

As the inheritor of the deceased, there were: (a) Plaintiff A and his children, the spouse of Plaintiff B, Plaintiff B, C, D, E, F, and G.

Of them, Q died on March 7, 2008, and there was Plaintiff I, J, and K, who is his spouse, as the inheritor.

(hereinafter referred to as "the plaintiff" does not follow before and after the death of net Q for the convenience of its explanation, and refers to the plaintiff's "the grounds for recognition"). 【The fact that there is no dispute, Gap evidence 1, 2, and 4 (including the number number; hereinafter the same shall apply), Eul evidence 1, Eul evidence 5, and the purport of the whole pleadings, each video of Gap evidence 5 and 12, and the purport of the whole pleadings.

2. The deceased asserted that he had his father, and resided together with his family since he newly constructed a house on the ground in around 1977. The deceased raised livestock by putting livestock with livestock pens and lockeds and locked, and dyp field to this day.