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(영문) 대구지방법원 2019.09.26 2019나305487

소유권이전등기

Text

1. Of the judgment of the first instance, the part against the Defendant (Counterclaim) and the Defendant regarding the principal lawsuit shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On March 20, 1971, E completed the registration of ownership transfer with respect to F forest land of 290,480 square meters in Kimcheon-si, Kimcheon-si (hereinafter “forest land before division”), and Defendant B’s clan (hereinafter “Defendant clan”) completed the registration of ownership transfer with respect to share 289,290/480 of the forest land before division on June 12, 1985.

B. The Plaintiff is a clan member of the Defendant clan, and pursuant to the former Act on Special Measures for the Registration of Transfer of Real Estate Rights (hereinafter “Special Measures Act”), with respect to 740/290 of the shares owned by the Defendant clan with respect to forest land before division, the Plaintiff completed the registration of transfer of part of ownership (hereinafter “previous registration of transfer of ownership”) for sale on June 2, 1995 as the Daegu District Court Kimcheon- supported by No. 2187, Jun. 2, 1995, which was received on June 2, 1985, pursuant to the Act on Special Measures for the Registration of Transfer of Real Estate Rights (hereinafter “Special Measures Act”). After the Plaintiff’s application, the registration of correction was completed to register 7/40,000 of shares as the shares owned by the Plaintiff on February 27, 2006

C. On August 17, 2005, the area of the forest was corrected from 290,480 square meters to 285,675 square meters prior to the subdivision, and on September 5, 2005, the area of the forest was divided into 239 square meters in G forest. On December 28, 2012, 7,470 square meters in the remaining forest areas before the subdivision was divided into 7,470 square meters in D forest land (hereinafter “instant forest”) and 1,190 square meters in H forest and 1,190 square meters in each of H forest and 1,190 square meters in each of H forest and accordingly, F forest was divided into 276,776 square meters in size.

On February 25, 2013, the Plaintiff filed a lawsuit against the Defendant clan seeking the implementation of the procedures for the registration of ownership transfer due to the cancellation of title trust with respect to the shares 281,890 out of the instant forest land ( Daegu District Court Decision 2013Gadan2111), Defendant clan sought the procedure for the cancellation of registration of ownership transfer in the name of the Plaintiff as to the shares of 7,480 out of the instant forest land, 76m27,76m27 in Kimcheon-si, Kimcheon-si, Kimcheon-si, and 7,480m29 of each of the instant forest land (hereinafter “instant forest”).

(Seoul District Court Decision 2013Kadan7130). The court of first instance cited the plaintiff's main claim.