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The part of the Plaintiff’s claim for cancellation of ownership transfer registration and the Plaintiff’s lawsuit against Defendant C, respectively.
Reasons
Basic Facts
The forest of this case was registered as transfer of ownership to F with an address in Goyang-gun E on September 1, 1930, when the forest of this case was assessed against the Republic of Korea on January 11, 1918 in the forest land register.
On August 7, 1982, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on each land (each of the above land; hereinafter the Plaintiff’s land) G, H, I, J, K, and L in Gyeyang-gu, Incheon. The Plaintiff’s land is adjacent to the forest of this case, such as the annexed drawing.
(A) On February 4, 1994, M is divided into H, and the status of N is as indicated in the annexed drawings. Defendant C asserted that “F recorded as the owner in the forest land register of this case as the same person as F, the father of Defendant C, who had his/her permanent domicile in the Goyang-gunO, succeeded to the forest land of this case,” and completed registration of preservation of ownership in the name of Defendant C on January 27, 2012, pursuant to Article 65 subparag. 1 of the Registration of Real Estate Act.
On November 27, 2012, Defendant C sold the instant forest to Defendant B, and completed the registration of ownership transfer on December 27, 2012.
Meanwhile, in the instant forest land, 171 share of trees planted by the Plaintiff, but Defendant B transplanted 73 share of the above trees on May 17, 2013 and left 5 share of the said trees, left the forest after extracting 5 share. Of the 73 share transplanted, 5 share trees left the forest after extracting and leaving the trees of 9 share of the transplanted trees were dead.
(A) The plaintiff is not the same person as F and F, the owner of which are listed in the forest of this case in the forest of this case in the forest of this case in the forest of this case, and the registration of preservation of ownership and the registration of ownership transfer of defendant B based thereon are all void. The plaintiff is not the same person as F and F, the owner of which are listed in the forest of this case in the forest of this case in the forest of this case in the forest of this case in the forest of this case. The registration of preservation of ownership of defendant C and the registration of ownership transfer of defendant B based thereon are all void.