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(영문) 광주지방법원 2017.09.27 2017나50828
소유권이전등기 절차 이행
Text

1. Revocation of the first instance judgment.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is not less than 1,690 square meters prior to H in South-Namnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

A. On February 20, 1918, the forest land in Jeonnam-gun is the forest land under the circumstances of the Defendant, who is the father of the Defendant, and was divided into U, V, W, and X forests on April 10, 1939. Among them, the forest land is the forest land registered in the registration conversion register, the forest land register, and the forest land registration is transferred to the land cadastre and the cadastral map, and the land registered in the land cadastre and the cadastral map prior to the division on the same day (hereinafter “instant land”).

(Article 2 subparag. 14 of the Cadastral Act).

B. With respect to the land divided in the above T forest, the registration of ownership transfer was completed in the name of the defendant with respect to the land in this case (H whose registration was registered as the above V forest) under the name of M as the plaintiff's attached with respect to the above U forest pursuant to Act No. 3562 of Jun. 29, 1985 (the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate; hereinafter "the former Act on Special Measures"), with respect to the above W forest in the name of the defendant, and with respect to the land whose registration was registered as the above X forest in the name of AA

C. On May 3, 2016, part of the instant land was divided into J, K, and L with each other, and the land left 1,690 square meters before Jeonnam-gun, Nam-gun.

M은 1959년경부터 이 사건 토지 중 별지1 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅍ’, ㅌ’, ㅋ‘, ㅁ’, ㅂ’, ㅅ’. ㅇ’ ㅈ’, ㅊ', ㄱ의 각 점을 차례로 연결한 선내 (나) 부분 1,010㎡ 이하 ’이 사건 쟁점부분‘이라 한다.

Since the key part of the instant case is located in a part of H land before and after the division, "the land of this case" is not classified before and after the division.

In this case, farming houses were located and occupied.

E. M is a dry field of this case with the main part of this case and U forest land below a dry field of this case.

In the same form as above, I died on April 28, 201, and the plaintiffs succeeded to the network M as stated in the inheritance shares table as shown in attached Form 2, and the plaintiffs succeeded to the same proportion as the above inheritance shares after the fact of M.

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