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(영문) 서울중앙지방법원 2018.09.11 2017가단5067212
토지
Text

1. The defendant against the plaintiff A,

A. Of the 94,711 square meters of forest C in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do, the attached appraisal drawings and the corresponding parts are as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff B completed the registration of initial ownership on October 15, 1970 with respect to “the forests and fields C, Gyeongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City before division.”

B. On September 7, 1977, the forest land prior to the said subdivision was divided into the instant forest and D forest and 9,917 square meters, and the said D forest (after which registration conversion was made to E) was completed on the same day.

C. Of the instant forest land, the registration of ownership transfer was completed on December 17, 1980 with respect to the portion of 4,873/94,711 shares among the instant forest land on October 10, 1980, and the remaining portion of 89,838/94,711 shares was completed on August 17, 1998 due to the gift on August 14, 1998.

[Reasons for Recognition: Facts without dispute, Gap1 through 4, each entry and video of Eul 1 through 4, and the purport of all pleadings]

2. The gist of the Plaintiffs’ assertion was Plaintiff B’s ownership of the instant forest. The Defendant completed the registration of ownership transfer, which is null and void in the future of the Defendant without going through any lawful procedure, such as purchase or expropriation of the shares of 4,873/94,711 out of the instant forest, without going through any consultation, and on that basis, occupied the entire forest of the instant forest without permission, and used it as a training facility for the reserve forces without the consent of the

The defendant is obligated to transfer the ownership of the portion completed in the future among the forest land of this case to the plaintiff B on the ground of the restoration of real name.

In addition, all facilities installed in the forest of this case must be removed and delivered to the plaintiffs, and unjust enrichment equivalent to the rent should be paid to the plaintiffs as stated in the purport of the claim.

3. Determination as to the plaintiff B's claim

(a) Where the registration of ownership transfer has been completed with respect to real estate, that registrant shall be presumed to have acquired ownership not only in respect of a third party but also in respect of the former owner through legitimate procedures and causes, and such registration is unfair.

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