소유권이전등기
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. In the first instance court’s trial scope, the Plaintiff filed a claim for the procedure of ownership transfer registration with the principal lawsuit, and the Defendant filed a claim for land transfer with a counterclaim, and the court of first instance dismissed both the principal lawsuit and the counterclaim.
However, it is clear that only the plaintiff has filed an appeal. Therefore, the subject of the judgment of this court is limited to the subject of the principal claim.
2. The defendant's defense prior to the merits has lost ownership of the adjoining land of this case, so the main lawsuit of this case is unlawful as it was brought by a person who has no standing to sue, and thus, the standing to sue in the performance lawsuit is the person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and the existence of the right to demand performance should be proved through the deliberation of the merits (Supreme Court Decision 2003Da44387 Decided October 7, 2005), and the defendant's defense is without merit.
3. Judgment on the merits
A. 1) The fact of recognition is as follows: (a) Gyeonggi-gun C Forest Land 10,017 square meters (hereinafter “instant land”); and (b) the term “instant land”
D was land for which registration of initial ownership was completed on October 15, 1958, and the defendant was due to the sale on August 30, 1991 by the defendant.
9. 12. The ownership was acquired by completing the registration of ownership transfer.
2) 5,580 square meters prior to the Gyeonggi-gun, Gyeonggi-do, which is adjacent to the instant land (hereinafter “the adjoining land prior to subdivision”).
(3) The Plaintiff was divided into a co-owned land owned by F, which had completed the registration of ownership transfer on May 28, 1973, G on March 23, 1998, H on November 24, 2003, H on August 25, 2006, and J on September 1, 2006. The Plaintiff completed the registration of ownership transfer on shares of 277/580 of the adjoining land prior to the said partition on May 6, 2008. 3) The adjoining land prior to the said subdivision was located on August 28, 2008, in Gyeonggi-gun E-gun, Gyeonggi-do (hereinafter “instant adjoining land”), 2,777 square meters adjacent to the instant land, and 2,803 square meters prior to the said subdivision on August 28, 208, and the Plaintiff was a co-owned property portion on October 20, 2008.