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(영문) 의정부지방법원 2018.01.12 2017나210144

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. At the time of the Japanese colonial era, K was under the assessment of five parts of the 1st 8th 1st 8th Macheon-gun, Seocheon-gun, Gyeonggi-do (hereinafter referred to as “the mother land”).

B. Meanwhile, on December 31, 1964, D, E, and F completed the registration of initial ownership relating to each one-third portion of the share of the mother land of this case. The mother land of this case became a 13,017 square meters of PP forest land in Ycheon-si (hereinafter “the instant forest land”) following the change of administrative district and the division thereof.

C. On March 23, 2006, the defendant clan completed the registration of ownership transfer on the whole shares in the forest of this case as to D, E, and F. D.

On the other hand, K died after having left G on November 25, 1956, and G died after having left D on October 17, 1973.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 5-1 and 5-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s husband’s assertion C was assessed on the instant woodland, and the Plaintiff, as G’s children who independently inherited the said C, succeeded to the instant woodland by way of division of inherited property among the heirs of the instant woodland by division.

Therefore, the Plaintiff, as the owner of the forest of this case, has completed the registration of ownership transfer of the forest of this case with respect to the forest of this case or the forest of this case, as to the part, 357/399, other than the share corresponding to the share of D (42/399) to recognize the ownership of the Defendant clan among the forest of this case, seek implementation of the registration procedure for ownership transfer based on the restoration

B. The defendant clan's assertion that the defendant clan held title trust with K at the time of the establishment of the Japanese clan, which held the title trust of the 1st 8th 8th Kacheon-gun's U.S., and thereafter completed the registration of ownership preservation of the land of this case in the name of D, E, and F, which is the cause of the clan's clan and completed the registration of ownership transfer under the name of the defendant clan. Thus, the plaintiff cannot respond to

3. Determination

A. The Plaintiff organized the issues of this case as an individual K. The forest of this case.