소유권말소등기
1. As to the Plaintiff, as to 2,731 square meters of forest land D in Macheon-si:
A. Defendant C: (a) on April 9, 2014, the District Court Macheon District Court Macheon Registry Office.
1. Basic facts
A. The net F was assessed under the name of the 6th 7th flux of the forest land D in Macheon-si (hereinafter “Before subdivision”) during the Japanese colonial era.
The plaintiff succeeded to the net F with the net F's women.
B. On May 8, 1965, the network E completed the registration of ownership transfer on the pre-division land in accordance with the receipt of the Macheon District Court's Macheon District Court's receipt of 6364 on May 8, 1965, and Defendant B, a child of the network E, completed the registration of ownership transfer on March 9, 1976 by the receipt of the same registry office on August 17, 1975.
C. On April 11, 1997, Nonparty G filed a lawsuit against Defendant B for the registration of ownership transfer against the land including the land before subdivision.
(Seoul District Court's 97Gadan14644). In the above lawsuit, G asserted that "I had the right to act as a proxy for the network E on January 6, 1974 and the land before division that was owned by the network E at the time when J believed on January 6, 1974 and 4,010 m2 of K forest land (hereinafter "the land of this case") was purchased and occupied."
Accordingly, on July 24, 1998, the above court recognized the possession of G on each part of the land before division and the above K land, and rendered a judgment in favor of the plaintiff (G) on the ground of the completion of the prescription for acquisition of possession.
According to the above judgment, the land prior to subdivision was divided into D Forest land 2,731 square meters (hereinafter “instant land”), L forest land 643 square meters, M forest land 3,148 square meters, and N forest land 123 square meters, and only the instant land remains in Defendant B’s name, and the registration of transfer of ownership in the said G name was completed for the remaining land.
E. Defendant C completed the registration of ownership transfer of the instant land on April 8, 2014 on the ground of sale on April 8, 2014.
【Ground for Recognition: Each entry of the facts without dispute, Gap evidence 1, 4 evidence 1, 2, 5, 6-1 through 4, and Eul evidence 3
2. Determination on the cause of the claim
A. The Plaintiff’s assertion F obtained the assessment of the land before subdivision, and the network E obtained registration of ownership of the land before subdivision without any title.