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(영문) 광주지방법원목포지원 2015.11.04 2014가단52931

소유권말소등기

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1. As to the Plaintiff: (a) 10,612 square meters of forest land D in Jeonnam-gun, Jeonnam-gun:

A. Defendant C shall be the District Court of Gwangju on April 198, 198.

Reasons

1. Basic facts

A. The instant forest land is originally owned by 10,612 square meters (hereinafter “instant forest”) in Yannam-gun, Yannam-gun (hereinafter “instant forest”).

B. Defendant B filed a complaint against E on the ground that he purchased the forest land of this case from E on November 5, 1987 in KRW 250,000, with the Gwangju District Court Decision 88Da105, Defendant B and E on March 23, 1988, stating that “The procedure for the registration of ownership transfer for the forest land of this case shall be implemented against Defendant B on November 5, 1987.”

(C) The instant forest land was established. C. Defendant B sold the instant forest land to Defendant C on April 19, 198 and completed the registration of transfer of ownership as to the instant forest land on the grounds of the instant filing telephone damage. Defendant B sold the instant forest land to Defendant C on April 19, 198, and Defendant C completed the registration of transfer of ownership on April 20, 198 as the receipt of the Gwangju District Court Decision 16419 on April 20, 198. On the other hand, E died on August 20, 1980, and E’s heir was the Plaintiff, F, G, H, and I. [No grounds for recognition, each entry in subparagraphs 1 through 4, and the purport of the entire pleadings.

2. According to the above facts of determination as to the cause of the claim, the registration of transfer of ownership in Defendant B, which was completed in relation to the forest of this case, was completed after the death of E. Since the telephone of this case was automatically null and void due to a settlement against the deceased person, the registration of transfer of ownership in Defendant B constitutes registration of invalidity of cause of transfer of ownership.

In addition, the registration of transfer of ownership in the name of Defendant C, which was completed with respect to the forest of this case, falls under the case of transfer of registration from an unentitled person and constitutes registration of invalidation.

Therefore, barring any special circumstance, the forest of this case is presumed to be owned by the inheritor, and the Plaintiff, one of the inheritors of this case, as an act of preserving common property, is against the Defendants.