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(영문) 수원지방법원 안산지원 2017.03.22 2016가단11134
소유권이전등기말소등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 15, 1968, the basic facts were divided into 2,777 square meters of F forest in the E-Gun forest in Gyeonggi-do under the name of the network C (former name on the register of names: D).

With respect to divided F forest land, on November 23, 1971, the registration of transfer of ownership in the name of the defendant (hereinafter “the registration of transfer of ownership”) was completed on October 15, 1968 under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, hereinafter “Special Measures Act”).

The divided F forest was divided into each land listed in the separate sheet (hereinafter referred to as “each land of this case”) and the name of the administrative district was changed and the registration conversion was made on a unit G forest 2,829 square meters in Ansan-si, Ansan-si.

The plaintiff is the head of the net C, the male M&W.

【Ground for recognition】 The fact that there has been no dispute, Gap 1-4 evidence, Gap 15-2, the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the parties’ assertion is that the Plaintiff completed the registration of transfer of ownership by dividing the F forest size of 2,777 square meters in the E forest owned by the network C in order to be reimbursed for the damage of the deceased C’s gambling. Therefore, the registration of transfer of ownership of this case is null and void in violation of Article 103 of the Civil Act, and the Defendant also purchased each of the land of this case from J, other than the network C, on October 15, 1968, and the Act on Special Measures applies only to legal acts before January 1, 1960, so the registration of transfer of ownership of this case does not have the presumption ability under the Act on Special Measures.

In regard to this, the defendant purchased the land of this case where his father K occupied from his fleet on October 15, 1968 in the name of the defendant, which had been lost by drinking water. However, since the J did not have the registration right, etc. at the time, since the parties had been well aware of the registration procedure, the defendant occupied, cultivated and cultivated the land without completing the registration procedure, and completed the registration of ownership transfer under the Act on Special Measures.

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