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(영문) 대구지방법원서부지원 2014.12.17 2014가단18760

소유권이전등기

Text

1. It is confirmed that the share of 15/1,324, out of 57,172 square meters of forests and fields B in Gyeongbuk-gun, Chungcheongnam-do is owned by the Plaintiff;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On June 13, 1970, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff pursuant to the Act on Special Measures for the Management of Forest Land (Act No. 2111) with respect to 15/1,324 shares (hereinafter “the forest of this case”) among 57,172 square meters of forest B forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the forest of this case”).

B. However, one of the Chinese characters (A) recorded in the joint delay list attached to the forestry cadastral book was erroneously recorded as D, and the Plaintiff’s resident registration number was also recorded as E.

C. On April 11, 2014, the Plaintiff sold the instant forest to Nonparty F, and filed an application for registration of transfer with the Seo-gu District Court Branch of Seo-gu District Court on April 29, 2014, and on April 29, 2014, the elderly registry officer withdrawn the said application for registration on April 30, 2014, on the ground that the Plaintiff’s name and the Chinese characters among the Chinese characters as stated in the joint delay list attached to the forest registry officer’s book and the resident registration number are not verified.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 9-1 through 3, Gap evidence 10-1 and 2, the purport of the whole pleadings

2. Determination

A. The defendant asserts that if the registration of ownership transfer has been completed in the state where the plaintiff's Chinese name, etc. was mistakenly reported, it is not only the method of registering the change of the indication of the registered titleholder pursuant to Article 32 (Correction of Registration) of the Registration of Real Estate Act and Article 1421 (Rules No. 1366, 1421) but also the method of registering the change of the indication of the registered titleholder pursuant to Article 32 (Correction of Registration of Real Estate Act and the business process guidelines for registration of revision

In case where there is a person who has been registered or recorded as an owner in the registry, land cadastre, or forest land cadastre with respect to any land, when he obtains a final and conclusive judgment from the title holder in a lawsuit against the title holder verifying that such real estate is owned by the applicant for preservation registration, the registration of preservation of ownership may be applied therefor.