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(영문) 대구지방법원의성지원 2015.02.11 2014가단217

소유권이전등기

Text

1. As to the Plaintiff and the Defendant C, Defendant B shall respectively have the area of 2,740 square meters of forest land and 236 square meters of forest land E, Cheongbuk-gun, Chungcheongnam-do.

Reasons

1. Basic facts ① On July 14, 1981, the Plaintiff and Defendant C completed the registration of ownership transfer with respect to each of the shares of 1/2 shares among D Forest land 24,694 square meters (hereinafter “D before division”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “D before division”).

② Following the subdivision on December 30, 1989, E forest 236 square meters, J forest 4,296 square meters, K forest 10,656 square meters, L forest 271 square meters, F forest 2,503 square meters, G forest 3,992 square meters, and D became 2,740 square meters, respectively.

③ Of them, K forest land was subject to registration conversion with 10,656 square meters prior to M on December 30, 1989, and 1,714 square meters prior to N on the same day, and became 8,584 square meters prior to M. < Amended by Act No. 3090, Dec. 30, 1989>

④ On March 19, 1990, Defendant B completed the registration of ownership transfer from the Plaintiff and Defendant C as the receipt No. 2610 on March 21, 1990, with respect to the previous 8,584 square meters of M.

⑤ After that, Defendant B completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Dec. 20, 2006; hereinafter “Special Measures Act”) from the Plaintiff and Defendant C on February 10, 1994 with respect to D forest land 2,740 square meters and E forest land 236 square meters. < Amended by Act No. 10070, Dec. 20, 2006>

(6) In addition, Defendant B completed the registration of ownership transfer by the Plaintiff and Defendant C pursuant to the Act on Special Measures for the Management of Transactions on February 10, 1994, as the receipt No. 10069 on December 20, 2006, with respect to F forest land 2,503 square meters and G forest 3,992 square meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The fact that Defendant C agreed on December 30, 1989 to grant the registration of ownership transfer to the Plaintiff on one-half shares of D, E, and F on December 30, 1989 is not a dispute between the parties.

Therefore, Defendant C is obligated to implement the registration procedure for ownership transfer on the ground of an agreement dated December 30, 1989 with respect to the share of 1/2 of the above land to the Plaintiff.

3. Claim against the defendant B

(a) related;