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(영문) 서울북부지방법원 2019.05.31 2018가단122332

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are found either in dispute between the parties or in full view of the overall purport of the pleadings with respect to the statements in Gap 1 to 6 (including identification number), Eul 1 and the testimony of the witness C:

A. As to the D Forest land D, YYYYYY YYYDD YDD YYDDD YYYYYYYDDDDDDD hereinafter “the Plaintiff’s large Agravin D forest land before division, E, the registration of ownership preservation on November 10, 1925, completed on December 29, 1925, the Plaintiff’s ownership transfer registration was completed on December 29, 1925, and the ownership transfer registration was completed on April 7, 1970 by G and the Plaintiff’s co-ownership under the former Act on Special Measures for the Registration of Ownership of Forest Land (No. 211).

B. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is divided from D forest land before the division, and is part of the land subject to the conversion of area, unit, and change of administrative district name after the division from D forest land before the division. As to the instant real estate, the registration of ownership transfer was completed on June 23, 1984 for the Defendant, an association with no capacity to exercise rights similar to a clan, which is the Defendant’s association with no capacity to purchase and sell the instant real estate.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff owned the Plaintiff’s forest land D before subdivision, which was originally owned by the Plaintiff, and the Plaintiff’s father, transferred ownership in the future F, who was the father of the Plaintiff and E, after he subrogated for the Plaintiff’s debt and transferred the right to the said forest land by transfer of ownership in the future. As such, the Plaintiff is the true owner of each of the instant real estate, which is part of the land divided from the said forest land, and the Plaintiff is the true owner of each of the instant real estate. However, the registration of transfer of ownership, and the registration of transfer of ownership completed in the Defendant’s future with respect to the Plaintiff’s co-ownership among the instant real estate, even though the J, its father, was granted delegation or legitimate power of representation from the Plaintiff, and concluded a false sales contract with the Defendant while acting as the Plaintiff’s agent.