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(영문) 서울중앙지방법원 2015.01.28 2014가합534843

소유권이전등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the forest land of this case, the registration of ownership transfer in the name was completed on December 12, 1931 under the circumstances of D, and the registration of ownership transfer was completed on October 16, 1971, and thereafter the registration of ownership transfer was completed on October 16, 1971 under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Areas (repealed by Act No. 2111, Dec. 19, 2008; hereinafter “Special Measures Act”), there is no dispute between the parties.

2. Determination on the cause of the claim

A. The plaintiff's assertion that the forest land of this case was prepared for the gathering time of the plaintiff's plaintiff's future Froman G and HO I's work site. The plaintiff's plaintiff's plaintiff's work site, such as Hros, Fros, Fros, and F son's children, are three places owned by the plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's work site where the plaintiff's work site is circulated. The plaintiff's actual owner who held the ownership of the forest of this case under title D, or the "Eros" whose ownership transfer registration was completed from D, means the plaintiff's actual owner who held the ownership of the forest of this case, and the defendant was registered with the ownership list of the plaintiff's future. The defendant was an organization higher than October 16, 1971 and completed the registration of ownership transfer of the forest of this case on October 16, 1971 without any substantive cause.

B. A claim for the registration of ownership transfer for the restoration of the true title of registration is allowed in lieu of seeking the cancellation of the registration against the present title holder by the person who has already registered his/her ownership in his/her future, or by the person who has acquired ownership under the law, in a way to restore the true title of registration. Thus, the registration against the present title holder by subrogation of the title holder, who did not have the registration indicating his/her ownership in his/her future and did not acquire the ownership by law