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(영문) 창원지방법원마산지원 2020.07.09 2019가단104856
소유권이전등기
Text

1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 3, 1940, the registration of ownership transfer was completed in the name of J with domicile in Changwon-gun I on September 3, 1940 with respect to the 6 non-permanent forest of H, Changwon-gun.

The above land became 1,587 square meters of the forest land in Jin Chang-gun through conversion, etc. into the area unit on May 19, 1981.

(hereinafter referred to as “land before the instant partition”). (b)

On May 19, 1981, the registration of transfer of ownership in the name of the defendant was completed on the grounds of sale as of May 8, 1946 under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter "Special Measures Act").

C. On December 26, 1985, the land prior to the instant partition was divided into “1,190 square meters of land for H-gun and “397 square meters of land for K-gun” and “397 square meters of land for K-gun,” and the registration of subdivision was completed on February 4, 1986. The registration of subdivision was completed on February 1, 1986 with respect to H-gun 1,190 square meters of land for H-gun on the same day as the registration of subdivision was completed. The registration of ownership transfer was completed on February 1, 1986.

On the other hand, the above land was changed into “Masan-si,” due to the change of administrative district and name on January 1, 1995. A around August 2001, the change of registration conversion and land category around July 201, and the change of administrative district name around July 201, the land finally became “1,190 square meters of H forest in Changwon-si, Changwon-si, Changwon-si and 372 square meters of land (former K land) and “372 square meters of land in Changwon-si, Changwon-si, Changwon-si.”

[2] In comparison with the land before the subdivision of this case, the pertinent land after the subdivision does not follow the time before and after the change of the name and land category of the administrative district, and refers to “H 1,190 square meters” and “G 372 square meters” for convenience.

L died on June 28, 2019, and at the time, the plaintiff B, C, D, and E, who was the plaintiff A and his wife, succeeded to the property.

F. On September 17, 2019, with respect to H 1,190 square meters of forest land, the registration of transfer of shares was completed on the grounds of inheritance due to the split-off as of June 23, 2019 with 1/5 shares each of the Plaintiffs on September 17, 2019.

G. Ultimately, H forest land 1,190 square meters is currently owned by the Plaintiffs, while GJ land 372 square meters is registered as owned by the Defendant.

H. The defendant's children M. M.

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