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(영문) 전주지방법원 2017.05.31 2015가단38387
소유권이전등기절차이행
Text

1. The defendant, among the 3,440 square meters of forest C, the forest land in Jeonbuk-gun, Jeonbuk-gun, the defendant indicated in the attached Form 39, 23, 35, 36, 37, 38, and 39.

Reasons

1. Facts of recognition;

A. The forest land listed in paragraph (1) of the Disposition (hereinafter “the forest land of this case”) was assessed in the name of the deceased clan on November 7, 1919, and completed the registration of ownership transfer on October 15, 1982 in the name of the defendant clan on December 29, 1994.

B. The deceased F, a wife, died on February 13, 1935, and around March 20, 1942, around 1942, he created a tombstone on the part of 100 square meters in part (B) of the text of paragraph (1) of the instant forest and field (hereinafter “the instant forest and field parts”) and buried the grave in the place (hereinafter “instant grave”).

C. On September 26, 1962, the deceased on Sep. 26, 1962, the deceased on Dec. 8, 1969, and the deceased on Nov. 8, 1969, the deceased on Dec. 8, 1969, and the deceased on Dec. 1, 200, the deceased and the Plaintiff, etc. were responsible for the management of the instant grave and the tombstones to JJ and K residing in neighboring areas, such as the network H and I.

Defendant clan had the deceased L cultivate the instant forest, and around 2014, Defendant clan cultivated the crops by breaking up the area of 23 square meters in the instant grave with the indication of the attached drawing among the instant cemetery around 37,38,40,35,36, and 37, in turn, around 2014.

[Based on Recognition] A without dispute, each entry or video of Gap 1 through 5 (including each number; hereinafter the same shall apply), part of Gap 6, 7, and 9, witness M, I, and K's testimony, the result of the commission of surveying and appraisal to the Korea Land Information Corporation, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff asserts that the deceased E purchased the forest of this case from the deceased D around March 1, 1942, that the defendant clan is obligated to implement the procedure for ownership transfer registration for the forest of this case on March 1, 1943 with respect to the plaintiff.

As to this, the defendant clan was a member of the Cheongjin-si, Gyeongnam-do around 1930, but died on February 11, 1949.

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