beta
(영문) 춘천지방법원강릉지원 2015.06.24 2014가단2729

소유권말소등기

Text

1. Of 1868m20, Gangnam-si F forest land to the plaintiffs:

A. The defendants are entitled to share of each of 1/3 of this Court on June 17, 1985.

Reasons

1. Basic facts

A. The 4316th square meters of the G Forest in Gangnam-gun G (hereinafter “forest before division”) was the land under the circumstances of the network H at the time of the Japanese colonial era. As the network H died around July 14, 1941, the network I inherited the land.

B. Since then, the forest land before subdivision was unregistered, Defendant C, D, and the Network J completed the registration of preservation of ownership (hereinafter “instant preservation registration”) in accordance with Article 11197 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3562, Jun. 17, 1985; hereinafter “Special Act”) with respect to each of 1/3 shares of the forest land before subdivision.

C. Following the deceased on May 12, 2004 by the deceased J on May 12, 2004, Defendant E completed a share transfer registration (hereinafter “instant share transfer registration”) with respect to 1/3 share of forest land out of the forest land before subdivision on December 27, 2004 due to a consultation division under Article 45509 of this Court’s receipt by this Court.

On the other hand, the plaintiffs are children of deceased I (Death around 1945) and their final co-inheritors.

(The shares in inheritance are 1/2, respectively). [Grounds for recognition] The fact that there is no dispute, Gap 1, 3-5 evidence, the purport of the whole pleadings.

2. Both claims and judgment

A. Both parties asserted that the registration of preservation of the instant real estate and the registration of transfer of the instant share based thereon, which are completed with respect to the instant real estate, should be cancelled as the registration of invalidity of the cause thereof, while the two parties jointly inherited the real estate stated in Paragraph (1) of the order, which was divided in the forest and field before the split-off (hereinafter “instant real estate”).

As to this, the Defendants asserted to the effect that the preservation registration of this case, which was completed with respect to the instant real estate, is completed in accordance with the special provisions, and is presumed to be legitimate registration and, even if such presumption is reversed, it is valid as a registration consistent with the substantive relations.

B. (1) Whether to reverse the presumption of registration under the special law