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(영문) 대전지방법원 2018.05.03 2017나102837
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary claims are dismissed.

3. The plaintiffs' first preliminary claim.

Reasons

1. Basic facts: (a) The land divided into J forest on June 9, 1965 in Seosan-si H forest and 1884 square meters (hereinafter “instant forest”) and the land registered in K forest on June 28, 1965 in Seosan-si I (hereinafter “the instant dry field”) is the land for which registration conversion was made on June 28, 1965.

(2) Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 197) each of the instant lands was completed.

③ The deceased on May 16, 1980, and thereafter, on April 4, 2013, M, G, N,O, P, Q, and Defendant F, a co-inheritors of the network L, completed the registration of ownership transfer on the grounds of inheritance with respect to each of the respective shares of each of the instant land. On the same day, the remaining co-inheritors except the Defendants, other than the Defendants, completed the registration of ownership transfer on the grounds of gift with respect to their shares out of each of the instant land. Accordingly, each of the instant land was jointly owned by Defendant G 48/210 and by Defendant F 162/210, respectively.

④ Each of the instant lands is located on the shores of the mountain season, and there is a newly-built house at the top point (the part indicated on the “house” in the attached appraisal map) of the land, when the land is going up to the end of the mountain season. The said house is located on both the forest of this case and the 47107mm2 of the Silsan-si, the Silsan-si, the Silsan-si, the Silsan-si, and there exists the Defendant’s house on the side below the

On the other hand, among the dry field of this case, the aforementioned lines form a de facto boundary, on the basis of the line connectionsing each point of 23,35,36, and 31 in sequence, among the dry field of this case.

⑤ The deceased on March 26, 2012, and the Plaintiff B, C, D, and E, the wife of the deceased on March 26, 2012, were co-inheritors, and the part occupied by the Plaintiffs based on the above line.

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