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(영문) 대전지방법원서산지원 2015.10.29 2014가합1026

소유권이전등기 등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On March 13, 1941, the registration of ownership transfer was completed in the name of H with respect to the forest land G (hereinafter “forest land before division”) in Tae-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the forest land before division”), and the registration of ownership transfer was completed in the name of I, J, and K each 1/3 shares on the same day.

B. B. Before subdivision, forest land was subject to registration conversion into F around August 17, 2010, and the said forest was divided into the instant forest land and L forest (hereinafter “L forest”).

C. On October 25, 2010, with respect to each of the instant forest and L forest, the ownership transfer registration was completed in the name of the Defendants, who are the grandchildren of K on November 5, 1984, based on the inheritance of property due to the consultation and division on November 5, 1984.

On November 26, 2010, as L forest land was implemented by the Road Expansion Corporation between Thailand and Cheongwon, the registration of share transfer was completed in the name of the Republic of Korea on November 23, 2010 on the part of the Defendants among L forest land due to a consultation on the purchase of public land on November 23, 2010, and the Defendants received compensation.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 5, 6-1, 2, Eul evidence 14-1, 2, 17-2, and the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is M 26 years old-old N as a common line, and the Defendant owned the forest before the division, which was title trusted to I, J, and K, which was the ground of the clan at the time of the division.

From April 19, 2011, the Plaintiff demanded the Defendants to return their respective shares in the instant forest and to return compensation received in relation to L forest and land for the purpose of protecting and managing graves, but the Defendants asserted that they were their own ownership and refused to do so. As such, the Plaintiff passed a resolution on the cancellation of title trust and the instant lawsuit at the Seodaemun-gu Council on April 19, 201, and served the Defendants with a duplicate of the complaint containing their intent of cancelling title trust.

Therefore, the Plaintiff seeks against the Defendants the implementation of the registration procedure for transfer of ownership based on the termination of title trust with respect to each of the instant shares of 1/12 out of the forest land.