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(영문) 창원지방법원진주지원 2014.06.25 2013가단8546
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion D around 1959: (a) purchased the upper part of 3,300 square meters from 33,917 square meters of F forest land in Jinju-si, a city prior to the division from the Defendant’s father-Ma in 1959 (hereinafter “forest before division”); (b) cultivated part of the same; (c) donated this part of the forest to the Plaintiff around 1965.

When the registration of ownership preservation is completed on August 30, 2006 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), the Plaintiff asserted to the Defendant the right to 3,300 square meters of the forest before the division. The Defendant recognized the Plaintiff’s right to this portion on June 11, 2007 and agreed to divide the part concerning 3,300 square meters of the forest before the division to transfer the ownership to the Plaintiff. In fact, the procedure of dividing the forest of this case was conducted in the forest before the division.

The defendant is obligated to complete the registration of transfer of ownership with respect to the forest of this case to the plaintiff pursuant to the transfer agreement dated June 11, 2007.

B. According to the statements in Gap evidence Nos. 4 and 9 (including each number), the fact that the forest of this case was divided and registered from the forest before subdivision on July 5, 2007, and that the plaintiff was directly responsible for the survey cost for the division of the forest of this case on or around May 2007 is insufficient to recognize that the defendant agreed to transfer the ownership of the forest of this case between the plaintiff and the plaintiff on or around June 11, 2007. However, there is no evidence to prove otherwise.

Even if the defendant's leakage or H transfers the ownership of part of the forest before the division to the plaintiff

Even if the defendant expressed his intent to acquire or persuade the defendant, it is reasonable to deem that the defendant entrusted H with the right to sell the forest of this case.

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