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(영문) 서울고등법원 2018.07.20 2017나2068333
소유권확인
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

Basic Facts

The plaintiffs are the clans, and the defendant is the clans that jointly set up the EC 56 years old descendants F (hereinafter referred to as the "Defendant clan").

G, which is the part of the plaintiffs' increase in the capacity of G, was subject to the assessment of 37,00 square meters in Sju-gun, Sju-gun, 1918, about 37,00 square meters in 19

(hereinafter referred to as “the same land” in paragraph (1) is specified only as the lot number. The forest was divided into P and Q forest and the divided forest was completed on May 5, 1970 with respect to the divided forest.

On February 7, 1981, the registration of transfer of ownership in the name of Plaintiff A (3/7 shares), Plaintiff B (2/7 shares), and H (2/7 shares) was completed due to the inheritance by agreement division on February 7, 1981.

On February 8, 2006, the transfer registration of shares in the name I was completed due to a compulsory auction on February 8, 2006 with respect to shares in Q forest under H 2/7.

On May 23, 2006, Q 36,397 square meters in Q 36,000 square meters, D Forest land 25,998 square meters (hereinafter “instant forest”) was divided.

On the same day, the registration of transfer of shares in the name of Plaintiff A (3/5) and Plaintiff B (2/5 shares), and the registration of transfer of shares in Q 10,39 square meters of forest land in Q 10,39 square meters after partition of co-owned property was completed as to the forest land in this case as the cause of partition of co-owned property.

Q forest was subject to registration conversion on September 18, 2007 with 10,414 square meters of S Forest land at the Innju, and was divided into S or T forest.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11, Eul evidence Nos. 2, 26, 27 (including a serial number; hereinafter the same shall apply), the purport of the whole pleadings, and the grounds for the court’s assertion in this part are as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and therefore, they are quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The reasoning of this part is as stated in Paragraph (3) of the reasoning of the first instance judgment, except for the cases where the first instance judgment was used from Nos. 4 to No. 14, 5, and 17. Thus, the reasoning of this part is as stated in the main sentence of Article 420 of the Civil Procedure Act.

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