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(영문) 대구고등법원 2017.08.09 2016나27420

토지인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.C. 1 of the text of the judgment of the court of first instance.

Reasons

Basic Facts

On October 20, 2009, E, 36,496 square meters of forest land E, E, 36,850 square meters (hereinafter “instant land before the instant subdivision”) was the joint name of F, G, H, and I on November 1, 1917. The Plaintiff and J are one of the co-inheritors of each of the above H, and K is one of the co-inheritors of the above G.

Since the registration of ownership preservation in the name of “owner F/Y L” was completed on December 6, 2004 as to the land before the division of this case by the Daegu District Court under Article 70623, the registration of ownership transfer in the name of “owner F/Y L” (hereinafter “registration of ownership preservation”) was completed on December 6, 2004, the registration of ownership transfer in the name of M was completed on December 6, 2004 under the receipt of the same court No. 70624, the receipt of the same court on December 7, 2004 under the receipt of the same court on December 7, 2004, the registration of ownership transfer in the name of N was completed on January 12, 207 under the receipt of the same court on January 12, 2001, and the registration of ownership transfer in the name of Nonparty B Co., Ltd. (hereinafter merged with the Defendant on July 1, 2007), and the registration of ownership transfer was completed in order under the name of Defendant.

However, the registration of preservation of this case and the transfer of ownership in the name of M was forged and completed in the name of F, the title holder of the preservation registration of this case, the certificate of personal seal impression, the forest land register prior to the division of this case, and the real estate sales contract, etc., and M was indicted for committing the above crime, and confirmed guilty.

K (M) filed a lawsuit against M, N, Defendant, etc. seeking the registration of preservation of ownership and the cancellation of each transfer of ownership on the land prior to the division of the instant case (TTTT). On August 9, 2011, K (M, N, Defendant, etc., issued a judgment that “The registration procedures for each registration of preservation of ownership and each cancellation of each transfer of ownership, which were completed with respect to the land prior to the division of the instant case, shall be implemented.”

Since then, N and the defendant appealed against the above judgment of the first instance court (Tgu District Court 201Na19766), and the Daegu District Court is the Daegu District Court.