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(영문) 대전지방법원논산지원 2015.05.28 2013가단13
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. On December 22, 1970, the Plaintiff sold 1/4 shares of AF Forest No. 199,240 square meters (hereinafter “the instant forest”) to AB, AC, AD, and AE (hereinafter collectively referred to as “four persons, such as AE, etc.”), respectively, at the time of Seosan-si owned by the Plaintiff, to the Plaintiff, and four persons, including AE, etc., completed the registration of ownership transfer for 1/4 shares of each of the instant forest land on December 24, 1970.

B. AE died on May 20, 1991, and its inheritor has Defendant B (spouse), Defendant C, D, E, F, G, H, and I (each of their children).

C. AB died on December 19, 196, and its heir has AG, Defendant J, K, L, and M (each child).

AG is declared missing on May 5, 201 due to the expiration of the period of disappearance on August 31, 1984, and the heir is Defendant N (spouse) and DefendantO (child).

AD died on June 12, 1989, and his heir there are Defendant P (spouse), Defendant Q, R, and S (each child).

E. AC died on February 17, 1974, and its heir has the Defendant T, U, V, W, X, Y, and Z (each child).

[Ground of recognition] The Plaintiff asserted that Gap evidence Nos. 2 and 3 and Eul evidence Nos. 1-1-a, and the purport of the entire pleadings sold the forest of this case to 4 persons, including AE, etc. on December 1970. After four months from that time, four persons, including AE, etc., wished to repurchase that the forest of this case would not be used by the Plaintiff, and the Plaintiff entered into a repurchase agreement with 90 km on April 26, 1971 with 40 km and the price of the forest of this case with 4 persons, including AE, etc., as down payment pursuant to the said repurchase agreement.

However, according to paragraph (2) of the above Repurchase agreement, four persons, including AE, who did not pay 90 kg of the remainder 90 kg of the forest of this case to the Plaintiff, such as the remaining 90 kgs, are divided into five parts of the 200 g of the down payment 5 g of the forest of this case (=24,793.38 m2), and completed the registration of ownership transfer.

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