logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.28 2015나16344
소유보존등기말소 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's total costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On August 7, 1919, the forest land of this case is registered as the forest land of this case 6,843 square meters in Gwangju-si (hereinafter “the forest land of this case”).

W W was living in X on March 28, 1938, and died on March 28, 1938, Y, a family heir, succeeded to W solely, and Y died on June 28, 1950, the Plaintiff, a head of Y, succeeded to W, who is the above circumstance’s name.

B. On February 29, 1968, the Z completed the registration of preservation of ownership (hereinafter “registration of preservation of this case”) with respect to the forest of this case as to the Suwon District Court's Sung-nam Branch's receipt of the Sungnam Branch's Office, and upon the death of the Z, the Defendants inherited the Z with their respective inheritance shares as indicated in the text and completed the registration of ownership transfer on the ground of inheritance as to each of the Defendants' shares as indicated in the text.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 5 through Gap evidence 11, Gap evidence 13 (each number is included; hereinafter the same shall apply)

(2) Each entry, the testimony of AA by the witness of the first instance court, the fact inquiry results on AG Dong and AH by the court of the first instance, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of the claim, inasmuch as the forest of this case is found to have been proven to have been under the circumstances of W, which is the Plaintiff’s decedent, the registration of the preservation of ownership in the name of Z, which is the inheritee of the Defendants, shall be deemed null and void, and each registration of the ownership transfer in the name of the Defendants, based on such presumption, shall be deemed null

3. Judgment on the defendants' assertion

A. 1) Determination as to the assertion of purchase was made on the grounds that the Z, the decedent of the Defendants, purchased the forest of this case from the W, the land owner, and completed the preservation registration of this case. Thus, registration in the name of the Z is effective in accordance with the substantive relationship. 2) The testimony of the witness AA of the first instance trial on the determination of the Z alone is insufficient to recognize the fact that the Z purchased the forest of this case from W, and there is no other evidence

Therefore, this part of the Defendants.

arrow