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(영문) 대구지방법원 2019.03.26 2018가단107883
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion G clan held that the ownership of H 34,909 square meters of forests and fields (hereinafter “the instant forest before the division”) in Simsan-si constitutes a title trust with respect to 1/6 of each of the shares of the said co-owners, but transferred each of the shares of L, K, and M to three co-owners, such as J, N, andO, who are co-owners of the said co-owners.

Since then, three co-owners of the above forest were divided into H, F, and P forests and fields as they were dissipated in each novel, and F forest was divided into H, F, and P, and H forests and fields owned by the Plaintiff clan in the small family to which theO belongs, H forests and fields owned by the small family to which the N belongs, and P forests and fields owned by the small family to which the J belongs.

However, while the ownership transfer registration was completed in the name of the owner of H forest and P forest in the process of dividing the forest land before the division as above, the ownership transfer registration was completed in the name of the owner among the above lawsuits. However, since the ownership of N and J in the forest land in this case was completed in the name of the heir without completing the registration of transfer, Defendant B, C, and D, the heir of J, are liable to implement the procedure for the registration of ownership transfer based on the partition of co-owned property as of October 14, 2001 as to each share in the forest land in this case.

B. The Defendants alleged by the Defendants are obligated to transfer ownership registration based on the partition of co-owned property against the O’s heir, but they do not have the obligation to implement it against the Plaintiff clan.

2. In full view of the overall purport of the pleadings as to the written evidence evidence Nos. 3 and 4, the Daegu District Court 2002Gadan23952 (No. 23952) filed a claim for partition of co-owned forest land as to N and Q, the inheritor of N and J, against the heir of N in the instant case, by the decision of compulsory conciliation on November 28, 2003, it became final and conclusive that the forest before the instant partition was divided into H, F, and P, according to the above decision, H forest is owned by N, and P forest is owned by Q.

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