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(영문) 대구지방법원 2017.10.18 2017나307533
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On June 23, 1971, the Plaintiff’s clan F, G, and 1/2 shares in forest land of this case 1, 2, and 3, respectively.

B. G died on February 11, 1985, and among the forests of this case 1, 2, and 3, H, as his bereaved family members, shall inherit 6/20 shares, i, J, K, and Defendant B’s respective 1/20 shares, and complete the registration of transfer of ownership on November 14, 201.

C. Defendant B completed the registration of ownership transfer on the I’s shares among the instant 1’s forest land under the Daegu District Court Branch of Port on October 14, 2003 as the receipt of No. 84274 on October 14, 2003 due to donation on October 13, 2003. Defendant B completed the registration of ownership transfer on H’s shares under the Daegu District Court Branch of Port on October 12, 2001 as the receipt of No. 43024 on June 9, 2004, and Defendant B’s shares became 16/40.

Since then, Defendant B donated 3/40 of the forest land of this case to J, and completed the registration of ownership transfer on June 29, 2004.

Accordingly, with respect to the forest land of this case 1, J owned 5/40 shares, K owned 2/40 shares, and Defendant B owned 13/40 shares.

1) As to the instant forests and fields 2, 3, as to the instant forests and fields, I, J, K, and Defendant B donated their respective shares to H on September 16, 2003 and became 10/20 of H’s shares by completing each registration for transfer of ownership on September 17, 2003. Meanwhile, H completed the registration for transfer of ownership on December 22, 2009 with respect to 4/20 of its shares due to the cancellation of title trust on December 15, 2009. Defendant B completed the registration for transfer of ownership with respect to 6/20 shares originally owned by H on October 12, 201, on April 5, 201, the instant Defendant B transferred the registration for transfer of ownership to the Plaintiff on April 2, 30, 201 as to the instant forests and fields, and Defendant C’s shares on April 2, 200 and 20/206 of the instant forests and fields.

Defendant B shall be himself and the Defendant on September 16, 201.

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