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(영문) 서울동부지방법원 2020.06.19 2019나31957

소유권말소등기

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1. Of the judgment of the court of first instance, the part against the defendant, other than the following order to perform, shall be revoked.

Reasons

1. Basic facts

A. On November 30, 1918, the Plaintiff’s Chocheon-si F acquired ownership by combining D 1,388 square meters of forest land and E 1,884 square meters of forest land (hereinafter “each land before division”).

B. The registration of ownership transfer in the Plaintiff’s name was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on February 9, 1981 (hereinafter “Special Measures Act”). On August 24, 1998, the registration of ownership transfer in the name of the co-defendant B in the first instance court, the wife of the I on September 29, 1998, as the case of the donation on September 29, 1998, was completed.

C. Of the above D forest land, 228 square meters was divided into the land indicated in the attached list No. 1 on November 17, 1998, and on June 16, 1999, the registration of transfer of ownership in the Defendant’s name was completed as the above court’s receipt under Article 23904 on the ground of consultation on the acquisition of public land, etc.

Of the above E forest land, 804 square meters was divided into the land listed in the attached list No. 2 on November 17, 1998. On March 29, 1999, the registration of transfer of ownership in the name of the defendant was completed under the above court No. 11706 on the ground of consultation on public land, etc.

After the division, 365 square meters of the above E forest was divided into the land listed in the attached list No. 3 on October 31, 2005, and on February 23, 2006, the registration of transfer of ownership in the name of the defendant was completed under the above court No. 6552 on the ground of consultation on the acquisition of public land, etc.

After redivision, 31 square meters of the above E forest land was divided into the land listed in the attached Table No. 4 on May 12, 2009, and on June 4, 2009, the registration of transfer of ownership in the name of the defendant was completed under the above court No. 18800 on the ground of consultation on public land, etc.

(hereinafter referred to as “each of the instant lands” in the separate sheet. (e)

On the other hand, F died on July 6, 1940, and F died on March 1, 1963 from the Plaintiff’s father, who was the sole inheritor of F, and G’s spouse H and his father were deceased on March 1, 1963, and H died around 2015.

F. The Defendant each of the instant cases.