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(영문) 의정부지방법원고양지원 2017.05.26 2016가단92358
소유권이전등기
Text

1. The request is dismissed.

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

Reasons

1. The 3rd 2nd 2nd m2 of the forest land in Pakistan-si I (hereinafter “I forest”) recorded in the Plaintiff’s assertion ownership register (hereinafter “I forest”) was divided into J prior to the 1945 m2.

The cadastral record was destroyed due to the 625 incident, and on April 1, 1967, I forest was cadastrally restored to H, a pre-division of the division (hereinafter “H forest”).

On the other hand, I Forest Land was owned by Japan, and it was reverted to the state according to the relevant laws and regulations.

However, the Plaintiff did not sell the I forest land to L, without any authority, registered the preservation of ownership in its own name, and later, the registration of ownership transfer was completed in the name of M M through the Defendants.

Therefore, since the ownership transfer registration under the name of the Defendants with respect to I forest is null and void, the Defendants should implement the registration procedure for ownership transfer based on the restoration of real name.

2. The registration register of H forest land was destroyed due to the 625 disaster, and the “registration of preservation due to recovery” was completed in the name of the deceased L on September 30, 1954. After which, on April 1, 1967, the registration was completed in the forest register for cadastral recovery and registered in the forest register for cadastral recovery. The registration of ownership transfer was completed in the name of M& inheritance due to the inheritance of property due to the agreement division, as the registration office for the Goyang-gu District District Court was No. 2942, Feb. 9, 1987, No. 2942, Jul. 22, 1971.

However, the Plaintiff filed a claim against M to the effect that he/she shall implement the procedure for the registration of ownership transfer based on the restoration of real name with respect to the shares of 1,088/42/942 square meters of H 42942 square meters of H 42942 square meters of land (the I forest shall be deemed as 329 square meters and the area converted into it in normal metres) among the 429 square meters of H 42942 square meters of land through the lawsuit for the registration of ownership transfer (hereinafter “transfer lawsuit”).

On June 8, 2012, the lower court rendered a decision to recommend reconciliation to the effect that “The Defendant shall implement the procedures for the registration of ownership transfer on the ground of the restoration of real name with respect to shares of 1,088/42/42 of H 42942 square meters of forest land, H, and H 42942 square meters to the Plaintiff.”

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