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(영문) 대전지방법원 서산지원 2017.01.10 2016가단5971
소유권이전등기절차이행
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A.F completed the registration of ownership transfer with respect to the forest land G G in Chungcheongnam-gun, Chungcheongnam-gun prior to the subdivision on December 27, 1973.

on April 7, 1976, F divided the same into 8,926 square meters and E, 3,669 square meters in the same G forest in Chungcheongnam-gun, Chungcheongnam-do.

B. On April 7, 1976, Plaintiff B completed the registration of ownership transfer with respect to the above H H forests and 8,926 square meters (the partial forest area is divided on December 6, 1978 and the area is changed to 8,061 square meters; hereinafter “instant forest”).

Plaintiff

On December 26, 1997, Plaintiff A, an ASEAN, completed the registration of transfer of the forest land of this case on the ground of donation on December 24, 1997. The Plaintiffs completed the registration of transfer of ownership on July 4, 2013 as to the forest land of this case on July 4, 2013

6. 30. Completion of the registration of incorporation by gift.

C. The above A.

As to E forest land E, 3,69 square meters (the partial forest land is divided on August 4, 1978 and the area is changed to 3,536 square meters; hereinafter “instant adjacent forest”), as indicated in the port, I completed the registration of transfer of ownership in sequence on April 7, 1976; and J on February 2, 1978; and the Defendants completed each registration of transfer of ownership on June 27, 2002.

around 2012, the Plaintiffs were able to pay attention to the instant forest and adjacent forest.

After conducting a boundary survey on the adjacent forest land of this case on January 2015, the Defendants installed a retaining wall on attached Form 1, Annex 1, and Annex 1, Annex 2 connected to the adjacent forest of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 9, Eul evidence 4, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion 1) On April 7, 1976, the forest land of this case and adjacent forest land were divided into the boundary of YY, which was on the part of the divists, e.g., annexed drawings 1, 5, and 66. After that, the owners of the adjacent forest of this case, including the plaintiffs and the defendants, have occupied each land with the knowledge of the above lines as the boundary of both land until the Defendants conducted a survey on the adjacent forest of this case on January 2015. 2) The plaintiffs B occupied the forest of this case on February 9, 198.

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