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1. As to the Plaintiff, Defendant B’s share of 18,226/340,362 out of 19,251 square meters of D forest land in Yangyang-si.
Reasons
1. Basic facts
A. The deceased F (the deceased on February 15, 1981; hereinafter “the deceased”) refers to the E forest land E 28,364 square meters [the 1 forest land and the forest land indicated in paragraph (1) of the Disposition No. 1 of this case on August 23, 2013 (hereinafter “the 2 forest land”).
2) On May 24, 1993, the Defendant B owned 2/3 shares of the forest before the instant partition (hereinafter “the instant forest before the instant partition”). However, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed on May 24, 1993 on the ground of the sale as of November 21, 1985 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).
In addition, on August 13, 1999, the transfer registration of ownership in Defendant C (hereinafter “Defendant C’s transfer registration”) was completed on August 13, 1999 with respect to the share of the instant case (=18,226/56,727=2/3 x 9,113/18,909) out of the forest before the instant partition that was transferred to Defendant B.
B. Defendant C filed a claim for the registration of ownership transfer with respect to shares of the deceased, G, and H in the instant forest No. 1 for reasons of the termination of title trust, asserting that “Defendant B purchased the forest land of this case from November 21, 1985, which was specified before the instant partition, from I on November 21, 1985, and completed the registration of ownership transfer with respect to the forest land of this case,” and that Defendant C also completed the registration of ownership transfer with respect to the forest land of this case before the instant partition.”
C. In the above lawsuit, Defendant C and H on April 25, 2013 were on the ground of the termination of title trust with respect to H’s co-ownership on the part No. 1 forest of this case among the forest land before the instant partition to Defendant C.