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(영문) 대전지방법원 2019.07.09 2017나111817
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. The registration of ownership transfer was completed on May 4, 2002 with the content that B and C shared 1/2 shares on the F forest land in Dosan-si (hereinafter “the forest of this case”).

B. On April 16, 2004 with respect to the instant forest land, the registration of ownership transfer under the name of the Defendant was completed on March 26, 2004 (hereinafter “instant registration of ownership transfer”) as the receipt of the ASEAN Branch of the Daejeon District Court Branch of the Daejeon District Court No. 21165, Ansan Branch of the District Court, and the registration of ownership transfer was completed.

C. On December 21, 2004, on May 27, 2005, the instant forest was divided and land category change as follows, and each of the real estate listed in the attached Table 1 list was located in the real estate G forest No. 238m2, located in the real estate G forest No. 864m2, located in the instant forest No. 864m2 in the annexed Table 1 list for land category change.

In the first instance of the instant case, the decision of recommending reconciliation between the Plaintiff, Co-Defendant B, C, and E was finalized by August 2018 as follows:

(hereinafter “Decision on Recommendation for Settlement of this case”)

1. Defendant B and C shall implement the procedure for the registration of ownership transfer on March 25, 2004 with respect to each real estate listed in the separate sheet No. 1 list to Defendant E.

2. Defendant E shall implement the procedure for the registration of ownership transfer on September 2, 2005 with respect to the portion of 166/33 out of each real estate listed in the separate sheet No. 1 list to the Plaintiff.

3. The plaintiff waives the remaining claims against the defendant E.

[Ground of recognition] Facts without dispute, Gap evidence 2, and the purport of the plaintiff's assertion of the purport of the whole pleadings are land Eul and Eul, and the forest land of this case was purchased by Eul, and the registration of transfer of ownership in the name of the defendant was completed due to the circumstance that it cannot be completed in that name.

E, in return for lending the name on April 14, 2004, agreed to recognize approximately 1/4 shares out of the forest of this case to H (the former name: I) in return for introducing the Defendant, and approximately 1/4 shares out of the forest of this case to H (the former name: I).

On the other hand, September 2, 2005, the plaintiff on September 2, 2005 about 1/2.

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