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(영문) 의정부지방법원 2019.06.21 2018가합56930
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Yangju-gun D Forest 726 square meters, E Forest 836 square meters, and F miscellaneous land 27 square meters were under the name of “A” on November 3, 1913, respectively. Of these, the Yangju-gun D Forest 726 square meters was divided into G 688 square meters and H forest 38 square meters.

B. On June 18, 1962, the Yangju-gun, who had jurisdiction over A in the administrative district, completed each registration of preservation of ownership in the name of Yangju-gun on October 6, 1962 for the remaining forests and fields among each land listed in the above paragraph (a), and A was divided into I and J administrative district in the 1980s.

C. Regarding each real estate listed in the separate sheet No. 1, the ownership transfer registration under the name of the defendant Namyang-si was completed; 688 of the forest land G in Yangyang-gun became each real estate listed in the separate sheet No. 1, 3, 4, and 5 of the separate sheet No. 1 through division, change of administrative district, and change of name; and 38 of the H forest was each real estate listed in the separate sheet No. 2 and paragraph 6 of the separate sheet No. 1 through division, etc.

3) On May 1, 1981, the Namyang-gun completed the registration of transfer of ownership based on the succession to rights on April 1, 1980 with respect to each real estate listed in the separate sheet No. 1, 1981. 4) The defendant Namyang-si completed the additional registration of change of the name titleholder based on the change of administrative district on January 1, 1995 with respect to each real estate listed in the separate sheet No. 3 through (7) on December 23, 2005, and completed the registration of transfer of ownership based on the succession to rights on January 1, 1995.

As to each real estate listed in the attached Table 2 list, the ownership transfer registration under the name of Defendant B corporation is completed; 836 square meters of the forest E in Yangju-gun shall be 2,764 square meters of the forest E in Namyang-si, Namyang-si (hereinafter referred to as “forest land before division”).

(2) As to the forest land before the division on January 28, 2004 at the Namyang-si, the defendant Namyang-si, based on the succession of public land rights on January 19, 2004.

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