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(영문) 전주지방법원 2017.09.08 2016가단12320
소유권이전등기
Text

1. Of Defendant F, the Plaintiff is true with respect to 1/5 shares out of 21,593 square meters of Yansan-gu G forest in Jeonju-si, Jeonju-si.

Reasons

1. Basic facts

A. Before the division, the 23,603 square meters of G forest in Ysan-gu Seoul Special Metropolitan City prior to the division (hereinafter “the forest before the division of this case”) was assessed in the name of H(I) on June 27, 1918 (Seoul Special Metropolitan City 7 years).

B. The Plaintiff completed the registration of preservation of ownership on August 13, 1981 by the Jeonju District Court No. 66454, which was accepted on August 13, 1981 pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197 and enforced March 1, 1978; hereinafter “Special Measures Act”).

C. Defendant B, C, D, E, and J completed the registration of ownership transfer for reasons of sale on January 20, 1987, No. 3217, which was accepted on January 24, 1987, with respect to shares of 1/5 of the forest land before the instant partition.

The J died on December 12, 2001, and the inheritor completed the registration of ownership transfer due to inheritance by consultation and division under the former District Court No. 7061, Feb. 17, 2012, 201, with respect to 1/5 shares in the name of J among the forest land before the instant partition.

E. Defendant F’s clan (hereinafter “Defendant F’s clan”) completed the registration of transfer of ownership on the ground of donation No. 2501, May 8, 2012, 201, which was received on May 29, 201, with respect to 1/5 shares in the name of K among the forest land before the instant division.

(5) Of the shares in the Defendant’s clan, 516.35/6 of the shares were transferred to L on September 22, 2015, and was transferred again in the name of the Defendant clan on December 24, 2015). (f) The forest before the instant division was divided into the forest G 21,593 square meters (hereinafter “instant forest”) and M forest land and 1,650 square meters on December 14, 2015.

[Grounds for recognition] Gap evidence 1, 2, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The judgment on the claim against the defendant clan is the owner of the forest land before the division of this case. The registration of the ownership transfer registration in the name of J as to 1/5 of the forest land before the division of this case is made based on a written resolution with forged ownership transfer registration and the sales contract.

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