(영문) 대구지방법원 2019.02.21 2017가단28884

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(영문) 대구지방법원 2019.02.21 2017가단28884

소유권이전등기말소

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On January 15, 1918, G was subject to assessment of 1,388 square meters of F forest land in Daegu-gun, Daegu-gun (hereinafter “instant forest”).

B. On August 21, 1971, the registration of preservation of ownership in the name of the Defendants (hereinafter “registration of preservation in the name of the network”) was completed on the grounds of “transfer of ownership on August 6, 1971” under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2204, Jun. 18, 1970; hereinafter “the Forestry Special Measures Act”). On March 8, 1995, each of the 314/138 shares of the forest was completed on the grounds of “transfer of ownership in the name of the Defendants” under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4586, Dec. 10, 1993; hereinafter “the Real Estate Special Measures Act”).

C. As of March 8, 1995, the part of the forest of this case among the forest of this case where the Defendants had been registered before the registration of transfer in the name of the Defendants had been completed, and the designated parties had been transferred to the designated parties after one of them. At present, three of the designated parties and the Defendants were jointly installed in the forest of this case.

The deceased H died on September 27, 1991, and the deceased on April 26, 1993.

The designated parties, including the plaintiff, are children of the network H and network I.

E. After the registration of preservation in the name of the deceased H was completed, the deceased on the date in the name of the Defendants died before the completion of the registration of transfer in the name of the Defendants.

The defendants are children of the network G.

[Ground of recognition] Facts without dispute, Gap 4, 5, 12, 13 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Defendants completed the registration of transfer in the name of the Defendants under the Act on Special Measures for Real Estate under false guarantee, even though they did not purchase the forest of this case from the deceased H.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

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