beta
(영문) 청주지방법원 2019.12.11 2019나10690

소유권말소등기

Text

1. Revocation of a judgment of the first instance;

2. The Defendant is the Plaintiff’s share of 2/13 square meters out of 336,809 square meters of forest land C in Chungcheongnam-dong, Chungcheongnam-do.

Reasons

1. Basic facts

A. On February 7, 1990, the network D, the Plaintiff and the Defendant’s attached (hereinafter “the network”) completed the registration of ownership transfer on the instant forest C36,809 square meters (hereinafter “the instant forest”).

B. The Deceased died on April 20, 200, and the deceased’s heir is the deceased’s spouse E, the Plaintiff, the Defendant, the F, G, and H.

C. On August 31, 2016, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on April 30, 200 with respect to the instant forest as the receipt of machinery, such as Youngju District Court’s Young-dong Branch Branch, etc. on the ground of inheritance by consultation and division on April 30, 200.

On August 9, 2018, the Defendant was sentenced to imprisonment with prison labor for 6 months and a suspended sentence for 2 years for the following criminal facts in the Changwon District Court Decision 2018Ma128 Decided August 9, 2018, and the above judgment was finalized on August 27, 2018.

On April 20, 200, the Defendant, among D’s property, died on April 20, 200, “I land” was transferred to the site for the expansion of the road, and the Defendant, following consultation with E, F, G, A, and H, i.e., the Defendant’s heir, including the Defendant, to receive compensation from the Korea Highway Corporation after transferring the said I land in the name of the Defendant, and the heir, including E, F, etc., as of August 10, 2016, drafted “an agreement on inherited property” as of August 10, 2016.

However, in the process of the above consultation, the Defendant intended to acquire ownership of “C land” in the name of the Defendant, but refused by F and A, among the siblings, to arbitrarily enter C land in the division of inherited property agreement with respect to the above I land, and had the intention to register the ownership of C land in the name of the Defendant.

1. On August 2016, the Defendant altered a private document using a black pen in front of the Myeon Office located in the J-dong, Chungcheongnam-do, Chungcheongnam-do. < Amended by Presidential Decree No. 27575, Aug. 1, 2016>