소유권이전등기말소 등
1. Revocation of a judgment of the first instance;
2. The plaintiffs' claims are dismissed.
3. The costs of lawsuit are assessed against the Plaintiffs.
1. Basic facts
A. The details of land ownership change and the status of the parties thereto are 1) F forest land 21,322 square meters in Ansan-si (hereinafter “instant land before the instant partition”).
As to January 26, 1994, registration of preservation of ownership in the name of O, N, and deceased C (hereinafter “registration of preservation of ownership in this case”) under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992)
2) D purchased shares in the name of O and N in the instant land before the instant partition in the case of the application for the auction of D's real estate rent in Suwon District Court on November 19, 199.
D On June 18, 2001, 201, 2/9 shares of the above land were completed on June 18, 2001 due to sale on June 15, 2001.
3) The D (4/9 shares) and H (2/9 shares) brought a lawsuit against the deceased C (3/9 shares) seeking a partition of co-owned property on February 3, 2003 by filing a lawsuit against D (3/9 shares), which is the co-owned share holder of the land and G forest land before the instant partition, and the conciliation was established by dividing the above two lands into several parcels, in kind, on February 3, 2003. Specifically, according to the above conciliation, the grounds for registration are indicated as co-owned property partition on March 19, 2003. However, according to the conciliation protocol as of February 3, 2003, it is reasonable to view the grounds for registration as conciliation in light of the fact that the recipient of the Ansan registry as of June 27, 2003 is affixed.
The plaintiffs are also asserting in the complaint on the premise of this.
The land prior to the instant partition was divided into F forest land 9,477 square meters on April 14, 2003, E forest land 7,107 square meters, I forest land 4,738 square meters (hereinafter each of the “instant land”), and the Suwon District Court’s receipt registry office on June 27, 2003, under Article 24510, the registration of ownership transfer was made in D with respect to net C shares (1/3) and H shares (2/9) among the instant F land due to partition of co-owned property.