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(영문) 광주지방법원 목포지원 2018.06.27 2017가단54044
소유권확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On January 15, 1935, the plaintiffs' prior-party net F (hereinafter "the deceased") completed the registration of transfer of ownership in his name with respect to forest E in the Newan-Gun, Jeonnam-do.

On April 7, 1945, the said forest was divided into 17 square meters of G forest and 17 square meters of forest land E and 1 square meters of forest land E (hereinafter “the forest before the division”).

B. After that, in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111 of May 21, 1969, hereinafter “Special Measures Act”), the registration of ownership transfer in the name of the defendant (hereinafter “instant registration of ownership transfer”) was completed on September 25, 195 with respect to the forest before subdivision as to the forest before subdivision under the Special Measures Act on the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111 of May 21, 1969).

C. On September 16, 1975, the forest land before subdivision was divided into four parts E 2:4 parts of E 4 parts of E 1975 (hereinafter “the instant forest land”) and seven parts of H 2 parts of H 7 parts of H 2. The instant forest land registration was transferred to the registry of the instant forest land.

The deceased died on October 7, 199, and each inheritance share of the co-inheritors, including the plaintiffs, are as stated in the separate sheet of inheritance share.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 4, 7, 9 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination:

A. The plaintiffs' assertion that the defendant completed the registration of transfer of ownership of the forest of this case owned by the deceased without any reason that the Act on Special Measures was enforced on December 20, 1971. Since the registration of transfer of ownership of this case in the name of the defendant is null and void, the forest of this case is owned by co-inheritors of the deceased, including the plaintiffs.

B. The registration completed under the Act on Special Measures for the 1-Related Law is presumed to be a registration consistent with the substantive legal relationship, and the letter of guarantee or confirmation under the Act on Special Measures was false or forged.

unless there is a proof that the registration has not been duly registered for any other reason.

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