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(영문) 대구지방법원 2015.06.25 2014나1285
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 20, 1971, E completed the registration of initial ownership of D Forest 290,480 square meters (hereinafter “forest 290,480 square meters prior to the division”), and the Defendant completed the registration of initial ownership on June 12, 1985 as to share 289,920 of forest 29,480 square meters prior to the division on March 5, 1972.

B. In accordance with the former Act on Special Measures for the Registration of Transfer of Real Estate Ownership (Act No. 4502 of Nov. 30, 1992, hereinafter “Special Measures Act”), the Plaintiff completed the registration of transfer of shares on December 4, 1985, No. 21887 of the receipt on June 2, 1995, with respect to the share of 740/290,48 of the shares in the forest owned by the Defendant as to the forest before subdivision, as to the shares in the forest owned by the Defendant before subdivision, the Plaintiff completed the registration of transfer of shares due to sale on December 4, 1985, and thereafter, upon the Plaintiff’s application on February 27, 2006, 7,400 shares were registered as the shares owned by the Plaintiff.

(2) The guarantor, L, and K signed and sealed the Plaintiff’s signature and seal on December 4, 1985 to the effect that the Plaintiff actually purchased and owned 7,480 square meters of forest land prior to the subdivision on December 4, 1985.

C. On September 5, 2005, among the forests and fields before the subdivision, 239 square meters of F forest were divided into 239 square meters. On December 28, 2012, 7,470 square meters of the remaining forests and fields were divided into C forest land 7,470 square meters (hereinafter “C forest”) and 1,190 square meters of forest land into G 1,190 square meters, and accordingly D (hereinafter “D forest”) was 276,776 square meters.

At present, in the real estate register for D forest and C forest, the Plaintiff owns 7,400 shares of 290,480, the Defendant owns 281,890 shares of 290,480, and H, the inheritor of E, respectively.

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