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(영문) 서울고등법원 2018.11.21 2018나2019239

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the relevant part of the reasoning of the court of first instance, except for the determination of the parties’ allegations and evidence added in the court of first instance, including the determination of the parties’ allegations and evidence added in the court of first instance, and thus, citing them as it is in accordance with the main sentence

2. Additional determination

A. With respect to the land listed in paragraph (1) of the attached list of the summary of the Defendants’ assertion, the 1917 SteeringJ was under the circumstance of the relative, and the land listed in paragraphs (2) through (4) of the attached list was jointly purchased from Nonparty AH on March 1, 1924 by the network AJ and the network AI on September 28, 1984 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”), the Defendants and the co-defendants of the first instance trial completed the preservation registration on September 28, 1984. If each land listed in the attached list is owned by the Plaintiff and trusted to the deceased, as alleged by the Plaintiff, each land listed in the attached list is owned by the said deceased on September 28, 1984. At least if the Plaintiff had an organic organization as of March 1, 1924, which was at the time of the conclusion of the sales contract for 1917 and 1924.

However, the plaintiff asserted that he had an organic organization at the time of the preservation registration on September 28, 1984. Thus, the plaintiff's claim of this case cannot be accepted.

B. (1) According to the reasoning of the judgment below, Gap evidence No. 1-4, Eul evidence No. 8-1, and Eul evidence No. 8-2, as to the land listed in the annexed list No. 1-2, the annexed annexed list No. 1-2 is indicated in the "State" and the "AJ" as to the owner of the forest survey report prepared around November 1917, and on April 1, 1967, the former owner on the land cadastre is indicated as being transferred to AJ in the country, but it is deemed that the former owner on the land cadastre No. 5, 1967, but the former Decree on the Survey of Forest Land (repealed, No. 5, No. 38, May 1, 1918), the same age enforcement decree (repealed, No. 38, May 26, 1918), and the forest survey project.