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(영문) 대전지방법원 천안지원 2018.04.26 2017가단106301

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The deceased on May 28, 1936, and the deceased on May 28, 1936, the net G who succeeded to Australia by the deceased on the inheritance of the land before the instant partition and the registration of ownership preservation (hereinafter “the land before the instant partition”). The deceased on May 28, 1936, was succeeded to the land before the instant partition.

On July 15, 1971, the deceased G’s children, including the Konam-do Network H, and I, Defendant C, Plaintiff, and Defendant D had completed registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Forest Land Ownership (Act No. 2111, May 21, 1969; hereinafter the same) with respect to each one/5 of the land before the instant partition.

On the other hand, the net G died on January 4, 1973.

B. On February 19, 1974, the land before the instant partition and the ownership transfer registration were divided into “Yeong-do E-Gun, Chungcheongnam-do (hereinafter “instant land”) and “Yeong-do, Chungcheongnam-do, Jin-gun, 1, 7, Jin-gun (hereinafter “instant land 2”).

After February 19, 1974 with respect to the land No. 2, 1974, the ownership transfer registration was completed in the name of I on February 14, 1974 with respect to the net H, Defendant C, Plaintiff, and Defendant D’s respective 1/5 shares (the entire shares other than I’s 1/5 shares) from the above land, and the ownership transfer registration was completed in the name of I on February 14, 1974. The ownership transfer registration was completed on March 9, 1974 with respect to the whole land on March 4, 1974 by the network H, Defendant C, Plaintiff, and Defendant D (1/4 shares, respectively).

On the other hand, on March 9, 1974 with respect to the land No. 1, 1974, the registration of transfer of ownership was completed in I’s name on March 4, 1974 with respect to each one-five shares (the remaining shares except for one-five shares owned by I) owned by the network H, Defendant C, Plaintiff, and Defendant D, and it was registered as the sole ownership of I.

C. The registration of ownership transfer of Defendant B with respect to the land No. 2 of this case is made. < Amended by Act No. 4995, May 195>