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(영문) 서울동부지방법원 2017.07.13 2016가합106481
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On July 20, 1919, the joint forest situation and division I, J, and K were jointly assessed with the 13th 6th 6th f of the 13th Gam-gun Lane (hereinafter “the forest before the instant division”).

On August 16, 1966, the forest land prior to the instant subdivision was pointed out as “126,545 square meters of forest land in Gyeonggi-gun, Gyeonggi-do.” On January 6, 201, the forest was divided into “124,648 square meters of M forest land (hereinafter “instant forest”), “304 square meters of N forest land, 1,242 square meters of O forest, and 361 square meters of P forest land.

The relationship and origin of the well-known, and the relationship between the defendants' inheritance relations shall be as specified in the attached household chart.

K died on August 16, 1941, and Q has inherited the property of Q by way of family inheritance, and Q died on February 3, 1951, and there was R as his heir.

R A. On February 1, 1965, the heir died while leaving S, who is her husband, left the her husband. On June 27, 1986, S died. The heir of S, who is her husband, had the Plaintiff, U.V, and W.

Since then T, U's death, eventually, the plaintiff's inheritance shares in K are 5/9.

On the other hand, X died on February 6, 199, and there were the remaining Defendants, the wife, Defendant B and their children. The inheritance shares of Defendant B are 3/15, and the remaining Defendants’ inheritance shares are 2/15, respectively.

The defendant C was donated the forest land before the division from X (hereinafter "the donation of this case"), and on June 5, 1965, the "ownership" column in the forest land register was registered as a sole owner with the cause of change in ownership recovery.

Since then, Defendant C completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) on October 30, 1965 with respect to the forest land before the instant partition as to the District Court’s provisional registry office, the receipt of No. 7712 on October 30, 1965, and on May 4, 2012, Defendant C completed the registration of ownership transfer on the ground of donation with respect to 1/4 share of the forest land among the instant land to Y.

The plaintiff, V, and W in the past of the preceding lawsuit are against the defendant C andY.

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