beta
(영문) 수원지방법원여주지원 2016.08.11 2015가단20027

소유권이전등기

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 16, 1995, the basic facts were recorded in the register of Nonparty K and L as co-owners in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”) with respect to the registration made on March 25, 1973 under the name of the defendant clan on the part of the defendant clan on June 16, 1995.

Of the instant forest land, Defendant H completed the registration of transfer of shares on the ground of sale on July 31, 2014, No. 33949, respectively, with respect to the share of two-fourths of the instant forest land, Defendant I, and J, respectively, with respect to the share of one-fourths of each of them.

This case’s forest land is subject to registration conversion on July 21, 2015 after E-si, Leecheon-si.

7. 24. As indicated in the attached list of real estate, the land was divided into N Forest 536С, 635С for O forest 620С for P forest 620С, Q forest 614С for Q forest 614С, 573С for R forest 609С for S forest 609С, and 736С for T forest 736§³

L died on September 5, 1982, and the plaintiffs are heirs.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 17-1 through 7

2. Determination as to the cause of action

A. The gist of the plaintiffs' assertion is that the non-party U clan title trusted to non-party L and K and completed the registration of ownership transfer in his name.

However, in order that V, the representative of the defendant clan, obtained registration numbers for the registration of the defendant clan at will in 1995 in order to acquire the forest unlawfully, and completed the registration of transfer in accordance with the Act on Special Measures for the defendant clan after obtaining confirmation from the guarantor who does not know of the change of rights to the forest land. The defendant clan has no substance, and the registration of transfer of ownership in the name of the defendant clan with respect to the above real estate is invalid.

B. Defendant G clan (hereinafter “Defendant clan”)’s summary of the Defendants’ assertion refers to the time X, which is the 22th members of W.