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(영문) 서울중앙지방법원 2016.03.18 2014나62137
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On November 23, 2004, S, which was the representative of Q paper gathering (hereinafter referred to as " Q paper gathering"), sold to T, on November 24, 2004, 917 square meters of U forest land owned by Q paper gathering (hereinafter referred to as "U forest land") and completed the registration of ownership transfer on November 24, 2004, and thereafter, on May 19, 2005 and thereafter, the ownership transfer registration was completed in order of May 19, 2005. 2) Q paper gathering claimed that "S disposes of U forest land to T without a resolution of the clan general meeting of clans" was invalid. T, V and the Plaintiff filed a lawsuit against Q paper gathering seeking the cancellation of the ownership transfer registration and received a final and conclusive judgment (the Seoul District Court Decision 2007Da5345, Suwon District Court Decision 2008Na1546, May 206, 2005; 205Da52529, May 25, 2009).

3) The Plaintiff filed a claim for damages against Q&C, including fraud that was committed by the representative S in connection with his duties, against the Plaintiff, and received a final and conclusive judgment in favor of the Plaintiff (hereinafter “the final and conclusive judgment in this case”) by filing a claim for damages against Q&C. (The Plaintiff filed an application for a compulsory auction against U forest in accordance with the instant final and conclusive judgment. The Plaintiff filed an application for a compulsory auction against U forest in accordance with the instant final and conclusive judgment. The Plaintiff filed an application for distribution of KRW 289,060,273 as the principal of the damage claim and damages for delay recognized in the instant final and conclusive judgment in the process of the said compulsory auction (U.S. District Court) and received KRW 170,357,886 among them on April 6, 2011.

B. 1) The ownership of the forest of this case was transferred to AF on April 19, 1927 after the registration of ownership preservation was completed in the future on February 12, 1927, ① the ownership of the forest of this case was transferred in the future on April 19, 1927, ③ on May 1, 1970, according to the Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, Feb. 10, 1954).

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