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(영문) 대전지방법원 천안지원 2018.08.09 2017가단103845
진정명의회복에의한소유권이전등기절차이행
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. In the Gu forest land register prepared around 1935 pursuant to the former Chosun Forest Survey Ordinance (amended and repealed by May 1, 1918), real estate listed in the annexed list shall be indicated as the network D’s assessment.

B. On October 30, 1970, the network E changed the name on the old forest land register to the network E according to the former Act on Special Measures for the Registration, etc. of Transfer of Forest and Forest Ownership (amended by Act No. 2111 of May 21, 1969, hereinafter the same shall apply) with respect to the land listed in the annexed list on October 30, 1970.

C. On September 27, 1993, the Defendant completed the registration of ownership transfer for reasons of sale on November 21, 1975, with respect to the land listed in the attached list, as a child of the network E, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter the same shall apply).

On the other hand, the network D died on August 21, 1971, and its children were deceased on the network F (G as the spouse of the network F, children were H, I, J, K as their children, and H, H, H, H, and K as their children), the network L (as the spouse of the network L, M as children, N,O, P as children), Q, A, R, S, T (as the deceased spouse of the network T, V, W as its children), X, and Plaintiff B.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the land listed in the separate list of the plaintiffs' arguments is owned by the network D under the circumstances of the network D, the network E without any title has completed registration of preservation of ownership under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land, and the defendant completed registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

Therefore, the land listed in the attached list shall be owned by the heir as the network D dies, so the defendant has caused the restoration of the real name as to the land listed in the attached list against the plaintiffs, some of the co-inheritors of the network D.

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