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(영문) 창원지방법원 거창지원 2021.02.09 2017가단11341
소유권이전등기
Text

Defendant B, E, F, G, H, I, J, K, L, M, and N are recorded in the attached inheritance share sheet among the 21,469 square meters of the forest land in Gyeongnam-gun, Chungcheongnam-do.

Reasons

Defendant B, E, F, G, H, I, J, K, L, M, and N

A. On June 2, 1979, the Plaintiff purchased the forest of this case from Q Q, the owner of the forest of this case, from Q Q, and thus, the Plaintiff sought implementation of the registration procedure for ownership transfer on each share in the separate sheet on inheritance shares among Q Q, the heir of this case.

Preliminaryly, the Plaintiff filed a claim against the aforementioned Defendants, the heir of Q, for the execution of the registration procedure for ownership transfer on the grounds of the completion of the statute of limitations for the acquisition of shares in the attached inheritance shares in the forest of this case, since the period of prescription for possession of the forest of this case was expired on June 2, 1999 by installing a tomb in the forest of this case and occupying a flower in the forest of this case, such as cutting trees in the forest of this case.

(b) Defendant B, E, F, G, H, J, K, L, and M: each claim against Defendant P and C of Article 208(3)2 of the Civil Procedure Act (a deemed confession judgment) of the applicable law

A. Basic facts 1) On March 22, 1994, the forest land of 50,579 square meters (hereinafter “forest land before subdivision”) was divided into the forest land of 17,496 square meters, T forest land of 11,614 square meters and the forest land of this case.

2) The instant forest land is unregistered land, and Q was the owner of the forest land of this case, and on January 19, 195, the name of the owner was changed to the Plaintiff according to the former Act on Special Measures for the Registration, etc. of Transfer of Forest Land Ownership (amended by Act No. 9143, Dec. 19, 2008) and thereafter, on July 1, 1995, Q was restored to the name of the Plaintiff.

3) The Plaintiff has a receipt stating that “U shall sell the instant forest to KRW 350,000” and “U shall receive any balance under the instant sales contract.”

4) Q (hereinafter “the Deceased”) shall be on 1960.

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