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(영문) 대전지방법원서산지원 2020.01.16 2017가합50999 (1)
소유권이전등기
Text

1. Of the 6,861 square meters of I forest land in Jinjin-si, Defendant F shall own 1/40 shares, and Defendant H shall own 1/80 shares, respectively.

Reasons

1. Basic facts

A. On April 3, 1937, K (K; hereinafter referred to as “K”) stated that the ownership of the instant land was transferred from G on April 3, 1937 in the old forest register (Evidence A7; hereinafter referred to as “the forest register of this case”) concerning the Chungcheongnam-gun, Chungcheongnam-gun J (hereinafter referred to as the “instant land”) was stated as “L” and “M” were stated in the resident registration number column of K and the address column. The name of K was changed by the forest name and changed to K again.

B. The transcript of the family register (No. 1) is written on the date of birth of N (hereinafter “N”) as “O” and the permanent domicile as “O”, respectively.

C. G died on February 1963 and jointly inherited Q, R, S, T, and Defendant H. After that death, Defendant F and U were co-inheritors due to the death of S around 1986.

The inheritee N died on October 6, 1974, and the Plaintiffs and V jointly succeeded to the inheritance, and thereafter W, X, Y, Z, and AA became co-inheritors upon the death of V.

E. At around 2017, the Plaintiffs and W, X, Y, Z, and AA agreed on the division of inherited property with the content that the Plaintiffs would own each of 1/5 shares of the instant land.

F. Meanwhile, since 2009, the property tax on the instant land was imposed in the past from around 2009 to the present V and its inheritors paid the property tax.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7 and 12, and the purport of the whole pleadings

2. Determination

A. Article 2(1) of the former Rules on the Forestry Register (wholly amended Ordinance of the Ministry of Government Administration and Home Affairs No. 85 of September 27, 1930), which applies mutatis mutandis under Article 2 of the former Rules on the Land Conservation (wholly amended Ordinance No. 85 of the Ministry of Land, Infrastructure and Transport of December 29, 1928), provides that "no matter concerning the transfer of ownership shall be registered on the land cadastre without notification of the registration management," and where a transfer of ownership is registered on the land cadastre after the enforcement of the above former Rules on the Forestry Register, the entry of the change of ownership shall be in accordance with

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