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(영문) 창원지방법원진주지원 2014.05.28 2013가단7420

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. 1) Of the instant forest land, registration of preservation of ownership was completed in the name of the Plaintiff, the Defendant’s husband E, and F with respect to each portion of 1/3 of the instant forest land. However, around December 13, 2006, E pertaining to the shares owned by the Plaintiff and F among the instant forest land, the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”).

(2) The letter of guarantee, etc., which forms the basis for registration under the Act on Special Assistance to the Forest in this case, was written to the effect that E purchased shares from G with respect to the forest in this case.

3 E on February 21, 2013, with respect to the instant forest land to the Defendant, the same year.

1. 24. 24. The registration of ownership transfer was completed on the ground of donation, and died on March of the same year.

B. 1) As to the instant land, the registration of ownership preservation was completed in H’s name on the instant land. However, around December 13, 2006, E completed the registration of ownership transfer for sale on the grounds of sale on February 10, 1990 under the Special Assistance Act. 2) indicated to the effect that E purchased the instant land from E in the form of a guarantee, etc., which served as the basis for registration under the Special Assistance Act on the instant land.

3 E on February 21, 2013, with respect to the land of this case to the Defendant

1. 24. The registration of ownership transfer was made on the ground of donation.

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

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff, along with E and F, has obtained registration of preservation of ownership with respect to the shares of the forest of this case and possessed the (b) and (d) parts of the forest of this case independently. However, if E is well aware of such fact, he/she shall obtain a false certificate from farmland members and make registration under the Special Provisions of this Act.