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(영문) 대구지방법원 2015.07.17 2014가단14907
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of the dispute

A. With respect to the portion of 14,760/15,360 of the 35,469 square meters of D forest land in Cheongdo-gun, Cheongbuk-do (hereinafter “Yando-gun, Cheongdo-do-gun”) before division, the registration for ownership transfer was completed in the future of the Plaintiff with respect to the remaining portion of 60/15,360 square meters.

B. After the division on February 25, 2013, forest land was divided into 32,990 square meters of forest land D and 32,990 square meters of forest land (hereinafter “instant forest”) and F forest land 2,479 square meters of forest land (hereinafter “F forest”).

C. The provisional registration (hereinafter “the provisional registration of this case”) and the registration of seizure (hereinafter “registration of this case”) as indicated in the following table was completed with respect to all or part of the shares 600/15,360 of the forest land of this case owned by E among the forest land of this case.

On March 8, 2007, the 400/15,360 shares of shares owned by Defendant B and C on the date of receipt of shares subject to right holders: The Republic of Korea (Jurisdiction: the Port of the Daegu Regional Employment and Labor Office) E on March 8, 2007, all shares owned by the Republic of Korea on March 8, 2007, among shares owned by Defendant B and C on the grounds of registration 1, 200/15,360. The attachment on November 6, 2012

2. The gist of the Plaintiff’s assertion and the E divided ownership of part of the forest land before the division was divided into two parcels in order to meet the current status of divided ownership of each co-owner, but the provisional registration and the seizure registration were completed with respect to the shares in E in the forest land owned by the Plaintiff among the instant forest land owned by the Plaintiff, as seen earlier, while each ownership of each parcel was not adjusted in line with

Since the part of the Plaintiff’s sole ownership of the forest land prior to the division is divided, the Plaintiff’s 600/15,360 shares registered in the name of the forest of this case among the forest of this case are merely trusting the Plaintiff to E and thus, E does not have any right to the forest of this case.

Defendant B and C are those who completed provisional registration for the protection of the said grave since the said Defendants’ preemptive graves were installed in F forest, the part exclusively occupied by E, among forest land before division, and thus, they are entitled to any right to the instant forest land.

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