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(영문) 대구지방법원김천지원 2017.12.14 2015가단33782
소유권이전등기
Text

1. Each point of the attached Form No. 1 through No. 73 and 1 among the area of 7,470 square meters in Kimcheon-si D Forest land in Kimcheon-si.

Reasons

1. Basic facts

A. On March 20, 1971, E completed the registration of ownership transfer with respect to F forest land of 290,480 square meters in Kimcheon-si, Kimcheon-si (hereinafter “forest land before division”), and Defendant B’s clan (hereinafter “Defendant clan”) completed the registration of ownership transfer with respect to share 289,920 out of the forest land before division on June 12, 1985 as to share 29,920 out of the forest land before division on March 5, 1972.

B. The plaintiff is a clan member of the defendant clan, and pursuant to the former Act on Special Measures for the Registration of Transfer of Real Estate Ownership, with respect to the share of 740/290,480 of the shares owned by the defendant clans that were owned by the defendant clans before division, the Daegu District Court Kimcheon Branch of the Daegu District Court on June 2, 1995, No. 21887, which was received on December 4, 1985, completed the registration of transfer of part of share ownership on the ground of sale on December 4, 1985, and thereafter the registration of correction was completed on February 27, 2006 by the plaintiff's application for error on February 27, 2006.

C. On September 5, 2005, among the forests and fields, 239 square meters in G forest was divided into 239 square meters, and on December 28, 2012, 7,470 square meters in the remaining forests and fields were divided into 7,470 square meters in D forest and field (hereinafter “instant forest”) and 1,190 square meters in H 1,190 square meters in forest and field. Accordingly, the F forest area became 276,776 square meters in forest and field.

The plaintiff filed a lawsuit against the defendant clan against the defendant for the implementation of the procedure for the registration of transfer of ownership based on the cancellation of title trust with respect to 281,890/480 of the forest land of this case. The defendant clan requested for the procedure for the cancellation of the registration of transfer of ownership in the name of the plaintiff with respect to the share 7,400/480 of the forest land of this case as a counterclaim.

The court of the first instance accepted the plaintiff's claim for the counterclaim of the defendant clan, and rejected the plaintiff's counterclaim, but the court of the second instance dismissed the plaintiff's claim for the counterclaim of the defendant clan, and the plaintiff appealed but dismissed.

E. The Defendant clan revoked the registration of ownership transfer of the Plaintiff on May 16, 2016 according to the final judgment, and currently, the instant case.

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