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(영문) 부산지방법원 2019.11.28 2018가단11691
손해배상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, E, and F owned a specific portion of D forest land not exceeding 118,215 square meters prior to subdivision (hereinafter “forest land before subdivision”). However, in the registration payment, Defendant B owned a specific portion. However, Defendant B’s 331/1920 shares, the Plaintiff’s 7089/11920 shares, E’s 130/11920 shares (hereinafter “F’s heir”) and F transferred a gift to Defendant C on October 24, 2014), F’s 170/1920 shares [F] of 170/1920 shares (hereinafter “F’s heir”).

(i) it was registered as a joint ownership by which it was inherited.

B. On September 30, 2009, in order to resolve the sectional co-ownership relationship in the forest before subdivision, H 33,058 square meters of H forest (the part owned by Defendant B, and the part owned by the said forest divided into 3,685 square meters in the said forest, and the area of the said forest was reduced to 29,373 square meters on October 1, 2014), J forest 70,262 square meters (the part owned by the Plaintiff), K forest 1,705 square meters (the part owned by the Plaintiff), and the area of the forest before subdivision was reduced to 13,190 square meters (E).

C. Defendant B was awarded a favorable judgment on April 29, 2015 by seeking to implement the procedure for ownership transfer registration as to H 29,373 square meters and I forest land 3,685 square meters as long as the Plaintiff, E, and F’s inheritors were specifically owned by Defendant B due to the termination of the mutual title trust relationship with the Changwon District Court 2014Kadan2190, and Defendant B was awarded a favorable judgment on April 29, 2015. The said judgment became final and conclusive around that time, and the said forest was owned solely by Defendant B after completing the procedure for ownership transfer registration in accordance with the said judgment.

Defendant C was awarded a favorable judgment on May 30, 2018 by seeking the implementation of the procedure for the registration of ownership transfer as to D forest land 13,190 square meters as long as the Plaintiff, Defendant B, and F’s inheritors were specifically owned by the Defendant C due to the termination of the mutual title trust relationship with the Changwon District Court Division 2017Kadan13160. The said judgment became final and conclusive around that time, and Defendant C’s sole ownership of the said forest by completing the procedure for the registration of ownership transfer in accordance with the said judgment.

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