소유권확인 등
1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant C is dismissed.
2. The plaintiff's primary responsibility against the defendant B.
1. Basic facts
A. On May 21, 199, D et al. acquired each co-ownership share of E forest E 25,441 square meters (hereinafter “instant land”) due to inheritance at the time of Pakistan, and Defendant B completed the registration of ownership transfer on July 9, 2004 with respect to the entire shares of the said land on the ground of sale on July 9, 2004.
On August 2, 2004, the Plaintiff claimed the ownership transfer registration of the instant land as a preserved right, and completed the provisional disposition registration under the Mayang-gu Seoul District Court 2004Kahap4666 on August 20, 2004. On August 20, 2004, the Defendant C also made the provisional disposition registration under the Mayang-gu District Court 2004Kahap509 on the ground that the right to claim the ownership transfer registration of the said land was a preserved right.
The registration of provisional disposition by the Plaintiff on the instant land was cancelled on August 31, 2004 on the ground of “the cancellation by August 21, 2004.”
B. On October 12, 2005, Defendant C filed a lawsuit against Defendant B seeking the implementation of the procedure for the registration of ownership transfer of the instant land under the Hobu District Court Goyang Branch 2005Kahap7207, and Defendant B did not submit a written answer despite being lawfully served a copy of the complaint in the lawsuit above. The above court rendered a favorable judgment against the Plaintiff on January 13, 2006 that “Defendant B shall implement the procedure for the registration of ownership transfer of the instant land to Defendant C,” and the above judgment became final and conclusive around that time.
Accordingly, Defendant C, based on the above final judgment on March 8, 2006, completed the registration of ownership transfer on the ground of sale as of July 24, 2004.
C. On January 11, 201, the instant land was subdivided into three parcels, including 2,964 square meters of F forest land, G forest land 22,323 square meters, and H forest land 47 square meters, respectively.
[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 17 (including virtual number) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion 1 as to the primary claim against the defendant B and the claim against the defendant C.