logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.13 2018가단5006085
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs’ prior-party network D obtained the permission for afforestation and lending of forest land E (hereinafter “forest land before division”) from the Japanese colonial rule around 1917, and obtained the permission for concession under Article 7 of the Forestry Decree around 1937.

B. After that, the deceased D’s heir completed the registration of ownership transfer on December 29, 1962 with respect to the forest land before the division, along with the deceased’s father and 17 others. On the same day, the Defendant completed the registration of ownership transfer on December 29, 1962 as of December 29, 1962, such as the official branch of the Daejeon District Court on December 29, 1962, with respect to the machinery, including the official branch of the Daejeon District Court on December 29, 1962 (hereinafter “instant registration of ownership transfer”).

C. On the other hand, the forests and fields before subdivision were divided into 260,628 square meters per unit of area (260,628 square meters per unit of area was converted on May 1, 1987; hereinafter “the forests and fields in this case”). D. The forests and fields were divided into 260,628 square meters per unit of area.

In accordance with the Special Act on Finding the Truth of Anti-National Acts under the Japanese colonial Rule D, the plaintiffs' monarched Do was determined as a pro-Japanese and anti-national act, which was included in the 4-1 certificate of fact-finding report issued in 2009 by the Anti-National Act for Finding the Truth of Anti-National Acts under the Japanese Rule of the Rule of Finding the Truth of Anti-National Acts.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 9, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The gist of the grounds for the plaintiffs' claim and the summary of the defendant's defense (i) died on March 8, 1983. At the time of death, the deceased was the heir, and the deceased on June 29, 199. As the deceased on June 29, 199, the plaintiffs jointly succeeded to the deceased G, and eventually acquired the shares of the forest of this case.

However, since the transfer of ownership in the name of the defendant with respect to the land of this case is registered without any legal ground, the plaintiffs are the act of preserving the jointly owned property.

arrow