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(영문) 서울고등법원 2016.03.25 2015나2009422
소유권이전등기말소 등
Text

1. The plaintiff's appeal against the defendant I is dismissed.

2. The remaining Defendants except Defendant I in the judgment of the court of first instance.

Reasons

1. Basic facts

A. Registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was completed on December 30, 1969 in the name of six persons, such as O, Q, R, R, T, U, etc. (hereinafter “six persons, such asO, etc.”) with respect to each of 1/6 shares among the 7 non-permanent forest land in Gwangju-gun, Gwangju-gun (hereinafter “instant land before the instant subdivision”).

B. On December 15, 1992, the land prior to the instant subdivision was divided into 1st 1st flux of W forest 9 parts and 6th flux of AT forest. Among them, the said 6th flux of AT forest was converted into the registration conversion and the area of AU large 575 square meters on the same day.

C. In addition, on May 30, 2003, the 1st 1st m200 m20 m20 m25 m2 in the Hanam-si divided into the 9th m25 m25 m2 in W forest (hereinafter “AT”) and the 9,000 m25 m25 m2 in AT forest (hereinafter “the 2nd m2”). Thereafter, the 9,000 m2 in W forest was divided into W forest 6,589 m2 (attached Table 1; hereinafter “the 1st m2”), X 2,386 m2 in X forest (hereinafter “X land”), X 2,386 m25 m25 m2 in the attached Table; hereinafter “the 2nd m2”).

In addition, on July 7, 201, the AU large 575 square meters in Hanam-si was divided into a AU large 273 square meters (attached Form 3; hereinafter “instant third land”) and AV large 302 square meters (hereinafter “AV land”).

On June 21, 1968, inheritance 1/60 of each of the lands of this case owned by Defendant B B 1/6 U on November 14, 2004, each of which was changed on September 30, 201 due to consultation and division on September 30, 201, Defendant C 1/30, Defendant C, Defendant D, Defendant D, Defendant FF, Defendant D, for Defendant D, on September 1, 201, respectively, of this case, 1/2, X land 1/6, October 208, 200, Defendant H 1/6 of this case, Defendant H 3 of this case on December 28, 200, and AV land 1/6 of this case on November 10, 200.

E. Of the instant lands divided from the land before the instant partition, the names of the owners of T, U, and R with respect to each 1/6 share among the land divided from the land before the instant partition (hereinafter “each of the instant lands”) were changed as follows due to inheritance or sale.

F. On the other hand, this does not apply.

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