소유권이전등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 2, 2009, the Plaintiff completed the registration of ownership transfer with respect to forest land of 1,121 square meters (hereinafter “Plaintiff-owned land”).
H On July 14, 1997, the registration of ownership transfer is completed with respect to F forest land of 396 square meters (hereinafter “Defendant-owned land”).
H died on August 17, 2013, and the Defendants jointly inherited H’s property.
(B) Shares B 3/7, Defendant C, and Defendant D, respectively, 2/7 shares). The Defendants reported the qualified acceptance of H’s inheritance by Hongsung branch of the Daejeon Family Court 2013-Ma362. On October 11, 2013, the said court rendered a decision to accept the said qualified acceptance report.
[Ground of recognition] Facts without dispute, Gap 1, Eul 1 (including each number in case of additional number; hereinafter the same shall apply), the purport of the whole pleadings
2. On March 1, 2009, the Plaintiff and H concluded an exchange contract with the content that the remaining part of the land owned by the Plaintiff is 396 square meters (hereinafter “the remaining part of the land in this case”) and the land owned by the Defendant (hereinafter “instant exchange contract”).
Therefore, the Defendants, co-inheritors of H, are liable to implement the registration procedure for ownership transfer on March 1, 2009 with respect to each inheritance share in the land owned by the Defendant to the Plaintiff.
3. Determination
A. In addition to the above-mentioned recognized evidence, Eul-Na 1 and 2's overall purport of the arguments and arguments, facts and circumstances are recognized or inferred as follows:
① Since March 1, 2009, the Plaintiff and H did not go through the procedures to determine or divide the specific location of the land south of the instant case, and did not take any measures to preserve the right to claim ownership transfer registration, such as filing an application for prohibition of real estate disposition on the other party’s land or filing an application for provisional registration.
② H did not have a special human relationship with the Plaintiff, and the other side of the instant case is subject to or subject to a subdivision procedure.