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(영문) 수원지방법원여주지원 2016.04.20 2014가단34302
소유권이전청구권가등기의 이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 30, 1954, G forest land G (hereinafter “the instant forest”) was completed on December 30, 1954, when the cause, date, etc. of the registration was obscure. On February 21, 1986, the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) was completed on February 20, 1986 by the Defendant and I on February 20, 1986.

B. Around 1961, the plaintiffs and the defendant's father who died, and K, L, M, and N were children of J, and the defendant is K's children, and the plaintiffs are N's children.

On the other hand, H is a sentence of J. H.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2-1 to 3, the purport of the whole pleadings

2. The plaintiffs' claim J donated the instant forest land to N, the father of the plaintiffs before the plaintiffs died as the owner of the instant forest.

However, H completed a provisional registration of this case as to the forest land of this case, and the Defendant resisted H, thereby making the provisional registration of this case.

On April 2013, the Defendant promised to register the ownership transfer to K, L, M, and N, which are children of J, after completing the principal registration based on the provisional registration of this case, since the Plaintiff is the father of the forest of this case.

Therefore, the Defendant is obligated to implement the procedure for the registration of transfer of the provisional registration of this case with respect to shares of 1/20 of the forest land of this case to the Plaintiffs, N’ heir (N’s shares 1/4 x 1/5 of each share of the Plaintiffs).

3. We find it difficult to recognize that the evidence submitted by the plaintiffs alone donated the forest of this case to N, that the registration of recovery of H as to the forest of this case is null and void, and that the defendant agreed to the Plaintiff A to complete the registration of transfer of ownership as to the forest of this case around April 2013 in the future, including N, around April 2013, and there is no other evidence to acknowledge it. Thus, the plaintiffs' assertion is without merit.

4. Conclusion

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