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(영문) 창원지방법원 2016.05.20 2015가단23041
소유권이전등기 말소등기
Text

1. The defendant shall receive on June 12, 2007 from D the Changwon District Court, Kimhae registry office, as to the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff, as a member of the FM, completed the registration of ownership preservation on December 30, 1970, on title trust with respect to G 32,231 square meters ( approximately KRW 9,750 square meters, hereinafter “G forest”) of G G 32,231 square meters from the said clan (hereinafter “the instant clan”).

On March 15, 1977, the clan of this case specified the remainder except for the portion of 1,652 square meters (50 square meters) with three seedlings in the tide among G forest and sold it to H, and completed the registration of ownership transfer from the Plaintiff to H with respect to the portion of 9250/9750 shares in G forest, and the said share was transferred to I again on September 3, 1982.

(0) On October 31, 2003, in G forest land, 1,652 square meters of the three-dimensional site for the above cemetery were divided into J and reached the real estate recorded in the current annexed list. The above 1,652 square meters portion is not divided before and after the division but "the forest of this case". (b)

Upon the commencement on June 24, 1999 by the voluntary auction procedure for shares of I out of G forest land (J in Changwon District Court), D, the Plaintiff’s relatives, had the title of forest land of this case transferred to himself, requested the Plaintiff to return the title of forest land of this case after being awarded a successful bid at the above auction procedure. The Plaintiff accepted it and completed the registration of transfer of ownership of forest land of this case (hereinafter “D ownership transfer”) on February 14, 200 on the ground of a sales contract with D on February 14, 200, but the auction procedure was terminated as of March 29, 201.

C. Since the plaintiff's request for the return of the plaintiff after the cancellation of the decision to commence the first preceding lawsuit between the plaintiff and D, the plaintiff did not implement the procedure for the transfer of ownership of the forest of this case to the plaintiff, and on June 5, 2007, the Changwon District Court 2007Kadan29761 (hereinafter "the first preceding lawsuit") sought implementation of the procedure for the transfer of ownership based on the restoration of authentic title as to the forest of this case against D (hereinafter "the first preceding lawsuit").

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