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(영문) 서울고등법원 2018.10.18 2018나2019130
소유권이전등기말소 등
Text

1. The part against the defendant regarding the claim for ownership transfer registration among the judgment of the court of first instance shall be revoked, and the revocation part shall be revoked.

Reasons

1. Basic facts

A. The land division and owner change relationship 1) C, and D are the 6 information on forest E in Gyeonggi-gun, Gyeonggi-gun (hereinafter “instant land before the instant partition”).

(2) On September 19, 197, the Plaintiff purchased 1/2 shares owned by C on September 29, 197 and completed the registration of ownership transfer on October 10, 197, and F completed the registration of ownership transfer on July 5, 1968 for D 1/2 shares owned by D on May 25, 197. 2) The Defendant decided to acquire part of the land before the instant partition under the former Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Damages (amended by Act No. 4206, Jan. 13, 1990; hereinafter “former Land Compensation Act”).

Accordingly, on October 15, 1980, the land before the instant partition was divided into 29,932 square meters of forest E, Gyeonggi-gun, Gyeonggi-do (hereinafter “land subject to acquisition by consultation”) and 29,572 square meters of G forest land (hereinafter “Plaintiff, etc.”). The Defendant completed the registration of ownership transfer on the land subject to acquisition by consultation on the same day due to sale on October 1, 1980.

3) On July 16, 2012, the land subject to the acquisition by consultation was changed to H with the parcel number of P,768 square meters in Pakistan, and the area was changed to 30,768 square meters, respectively. On July 18, 2012, H forest land 23,183 square meters (hereinafter “H land”).

(B) 7,585 square meters of forest land and B (hereinafter “B”)

B) At present, among H land to be acquired through consultation, a military unit affiliated with the Defendant is located in the area of 13,244 square meters in the “1” portion in the annexed drawing among the land to be acquired through consultation, and the portion of 656 square meters in the annexed drawing “B” and 574 square meters in the annexed drawing among the land to be used as each road. Of the land to be used, the portion of “B” in the annexed drawing is 6,88 square meters in the area of “B” and “B” in the annexed drawing. Of the land to be used, the portion of “B” in the “B

A) The state of forests and fields and there are no separate military installations. (No dispute over grounds for recognition exists, A.)

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