beta
(영문) 의정부지방법원 2014.11.21 2014가단101309

소유권이전등기

Text

1. The defendants shall also refer to the plaintiff 17, 18, 19, 4, 23, 24, 25, and 17, respectively, to refer to the attached reference of 591 square meters in Guri-si G Forest.

Reasons

1. Basic facts

A. H owned 35,802 square meters of forest land I in Yangju-gun, Gyeonggi-gun. However, on April 6, 1978, J purchased 180 square meters of forest land out of the said forest land for the purpose of using it as a housing site from H to H.

B. Accordingly, around April 11, 1978, H divided K forest 598 square meters in the above forest (hereinafter “instant housing site”) and completed the registration of transfer of ownership in the name of L, the wife of J as to the instant housing site on June 7, 1976. Since around that time, J began to live together with his family members in the instant housing site and raise livestock at that place.

C. On the other hand, the above I Forest remaining after the division as above was made up of 20,321 square meters in Guri-si around March 31, 1986 due to the division, administrative district name change, etc.

H A. Around September 23, 1993, the Defendants, their inheritors, and M, jointly succeeded to the said I forest (each of the Defendants 2,296/20,321 shares, M8,841/20,321 shares, and M), and thereafter, the Defendants and M were divided into 11,480 square meters of I forest and 8,841 square meters of NI forest and 8,841 square meters of land, and accordingly, the Defendants were co-owners of each of the above I forest and 11,480 square meters of land and 11,480 square meters of land and 11,480 square meters of land on March 25, 1994.

E. On March 29, 2013, the J died on March 29, 2013, and there was the Plaintiff, L,O, and P with the deceased’s inheritors, but on January 10, 2014, the said co-inheritors agreed on the division of inherited property by the Plaintiff’s sole inheritance of the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5 through Gap evidence 9-4, Eul evidence 1, 2, 4, and 10, and the purport of the whole pleadings

2. Determination

A. In full view of the reasoning of the judgment as to the primary cause of claim Gap's evidence Nos. 1, 2, and 4, witness Q's testimony, and the result of the on-site inspection conducted by this court, appraiser R's results of each survey and appraisal conducted by the J on February 16, 1979, 60 square meters, which are the land adjacent to the instant housing site, among the 34,810 square meters of I forest land in Gyeonggi-gun, Gyeonggi-gun.