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(영문) 서울중앙지방법원 2015.11.12 2014나40724

토지인도 등

Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against Defendant N religious organizations, N religious organizationsO, and Defendant (Counterclaim Plaintiff) P.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be combined;

A. R and S jointly owned 1/2 of the instant forest land. However, on August 14, 1981, 1983 with respect to S 1/2 of the instant forest land, the ownership transfer registration was completed with respect to 3/28 shares in the name of Te, the heir of S, and the Plaintiff’s 3/28 shares, the Plaintiff B, C, D, and E respectively in the name of the Plaintiff, and the ownership transfer registration was completed with respect to 1/2 of the said R on August 6, 1978 due to the inheritance of property due to the division on June 5, 2007, under the name of the Plaintiff F, G, H, I, I, and J, the shares of 132/4443 shares each in the name of Plaintiff F, H, I, 497/443 shares each in the name of Plaintiff K, 497/443, Plaintiff L. 63/4143,445/435,443.

B. An incorporated association AB (hereinafter “AB clan”) purchased AD woodland adjacent to the instant forest from AC, and completed the registration of ownership transfer of AD forest land in the name of AE, AF, AG, and W, which is the cause of the clan on April 12, 1940. On November 17, 2004, an incorporated association filed a lawsuit against the said AE, etc. claiming the registration of ownership transfer of AD forest land under the Seoul Western District Court 2004Kadan60693, and the said court rendered a judgment in favor of the AB on April 12, 2005 that “AE, etc. shall implement the procedures for ownership transfer registration on the grounds of the termination of title trust with respect to AD forest land”

After that, the transfer registration of ownership was completed in the name of the clan AB.

C. Meanwhile, U was permitted to use AD woodland free of charge from AB clans as the place of inspection, but around 1965, U was ordered to use the instant land adjacent to the said woodland beyond the boundary of AD woodland.

The instant land, etc. was occupied and used as the site or the marina of the instant land, etc. on the ground that the instant land, etc. was widely known to Defendant OO, in addition to the construction of 162 square meters, 79 square meters per legal entity, and 9 square meters per industrial complex (hereinafter collectively referred to as “instant land, etc.”).

The defendant P was killed on July 14, 1986 when U was living in the upper son of the defendant P.