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(영문) 서울중앙지방법원 2015.07.21 2014나48919
소유권이전등기
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 3, 1969, the Defendant’s forest joint ownership (1) completed the registration of the combination of ownership transfer to AY, AZ, and BA (hereinafter collectively referred to as “the first joint owners”) on the ground of sale on October 6, 1969, with respect to the 3rd group of forest land located in Gwangju-gun, Gwangju-gun (hereinafter “forest land before division”).

(2) The first co-owners completed the registration of combination of ownership transfer (hereinafter “instant registration of transfer”) between themselves and the Defendant on May 21, 1975 on the ground of sale and purchase as the receipt No. 466 of May 27, 1975 with respect to forest land, which was divided into Suwon District Court Sung-nam Branch Branch Office of Gwangju District Court, Sung-nam Branch Office of 466.

(3) On April 27, 1989, the Gyeonggi-do BB Forest and 3312 square meters (hereinafter “divided forest”) was divided in the forest land before subdivision, and the remaining part became N forest and 29514 square meters (hereinafter “instant forest and field”).

B. On March 6, 1990, with respect to the forest land in the instant case where the first arbitr’s death and the registration of alteration of the title holder, the registration of alteration of the title holder was completed on the grounds of the death of the first arbitr (the death of April 1985), BA (the death of July 16, 1992) on December 1, 1992, and AZ (the death of September 15, 1994) on November 14, 201.

Accordingly, the title holder of the transfer registration of this case remains the defendant only.

C. On December 18, 1990, the registration of change was completed due to the defendant's sole ownership on the ground of the first joint ownership withdrawal of the joint owners on November 29, 1990 with respect to the divided forest land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 7 and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiffs’ assertion (1) 38 persons, including Plaintiff F, on the premise of the Plaintiffs’ assertion (hereinafter “Plaintiff’s joint purchaser”) purchased forests and fields before the split-off and shared at the rate of 2/75 or 1/75 shares.

Plaintiff

The joint buyers shall ensure the convenience of registration and dispose of some of them.

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