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(영문) 광주지방법원 2018.04.05 2017나53032

소유권말소등기

Text

1. Of the judgment of the first instance court, the part against Defendant B, C, D, E, and H shall be revoked.

2. The plaintiff is the 15.0 forest J. 15.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) except where the date, etc. of No. 5 Defendant G from the No. 4 of the judgment of the first instance is deemed to be “ January 26, 2004,” the relevant part of the reasoning of the judgment of the first instance is identical to that of the corresponding part of the judgment; and (b) thus, this part is

2. Determination as to claims against Defendant B, C, D, E, and H

A. The registration of transfer of ownership in the name of T, which was completed in relation to the instant forest claimed by the Plaintiff, was completed after K died, and the instant telephone was completed against the deceased person, and is null and void as a matter of course. Accordingly, the registration of transfer of ownership in the name of T pertaining to the instant forest land is invalid.

In addition, each transfer registration of ownership by Defendant C, D, E, F, G, H, and I, which was completed thereafter, falls under the registration of invalidation of cause as it falls under the case of transfer by an unentitled person in turn.

Therefore, the forest of this case is presumed to be owned by the heir of K, and the plaintiff, a part of the heir of K, is the act of preserving the jointly-owned property, and the plaintiff, a part of his heir, is the cancellation of the registration equivalent to the inheritance shares (3/11) in the registration of ownership transfer of the forest of this case and subsequent cancellation of the registration of the forest of this case against the defendant C, D, E, F, G, H, and I, who is the registration titleholder of the forest of this case.

B. As to the above Plaintiff’s assertion, Defendant B, C, D, E, and H are deemed to have led to confession under Article 150 of the Civil Procedure Act.

Therefore, Defendant B, C, D, E, and H have the obligation to implement the procedure for cancellation of registration of each transfer of ownership in their names, such as the entry of the above table, to the Plaintiff.

3. Determination as to the claim against Defendant F, G, and I (hereinafter “Defendants”)

A. According to the above facts of determination as to the cause of the claim, the registration of transfer of ownership in T's name, which was completed with respect to the forest of this case, was completed after K died, and the telephone of this case was filed.