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(영문) 대전지방법원 서산지원 2018.11.13 2017가단50749
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On June 1982, the Plaintiff purchased the forest land E (hereinafter “forest E before division”) from the former owner F and two other parties, and sold it again to the Selection G, H, I, J and K and K without completing the registration.

B. Division of land and ownership change 1) On July 31, 1982, in E forest land B before subdivision, 10,542 square meters of land land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on July 31, 1982 (hereinafter “a forest land before subdivision”).

(2) On August 12, 1982, the Plaintiff completed the registration of ownership transfer with respect to each of the portion 1/5 shares of L forest owned by the designated parties G, H, I and J, and K prior to the subdivision. (2) On June 11, 1996, the land was divided into a 1,466 square meters of land owned by Ma1,466 square meters from the L forest owned by Chungcheongnam-gun, Chungcheongnam-do prior to the subdivision, and the said Ma 1,466 square meters of land was registered as C forest and 1,466 square meters on the same day (hereinafter “instant land”).

3) K died on December 23, 2013. On December 24, 2014, Defendant (Appointed Party) and Appointed N completed the share transfer registration on the instant land on December 24, 2014 due to inheritance on December 23, 2013.

5) On August 8, 2017, J died in the course of the instant lawsuit, and succeeded to J each of 1/4 shares in the Appointed, P, Q, and R. C. From around 1979, the Plaintiff installed and managed the instant grave on the ground (hereinafter “instant grave”).

2) On June 24, 1982, around June 24, 1982, around the time when a sales contract for forest land E before division was concluded with the Plaintiff, G prepared a certificate of transfer (Evidence A No. 4) with the Plaintiff, and the said certificate of transfer indicated that the Plaintiff’s mother-friendly graveyard was transferred to the Plaintiff. [Grounds for recognition] Articles 1 through 5, 8, and 9 (each of the items, including number, and the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 is on the ground of the instant land from around 1979.

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