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(영문) 대구지방법원영덕지원 2020.04.28 2019가단1331
소유권이전등기
Text

1. The Defendants are entitled to share 13/130 of each of 13/130 square meters of 738 square meters of forest E, Ulsan-gun, Ulsan-do, Ulsan-do, and each of them on September 28, 1990.

Reasons

1. Determination as to the claim against the defendant B

A. Since the Plaintiff, from September 28, 1970 to September 28, 1990, occupied 7338 square meters of forest E-Gun, Ulsan-do, Ulsan-do, in order to maintain the Plaintiff’s ownership transfer procedure on September 28, 1990 with respect to the share of 13/130 of the instant forest, Defendant B is obligated to implement the registration procedure for ownership transfer on the ground of completion of the prescriptive acquisition on September 28, 1990.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant C

A. 1) The fact of recognition is 738m20,000,000 square meters of forest E-Gun in Chungcheongnam-do in Chungcheongnam-do (hereinafter “instant forest”).

On September 28, 1970, the registration of ownership preservation of 1/2 shares was completed in the name of the network F and the network G. 2) The network G was deceased on March 14, 1976, and the network F on April 6, 1992, respectively.

3) With respect to the instant forest land, the registration of ownership transfer was completed under the name of co-inheritors of the deceased F and the deceased G on May 20, 2019 and June 12, 2019. Defendant C, one of the deceased F co-inheritors, completed the registration of ownership transfer as to 13/130 shares of the instant forest land from June 12, 2019. 4) The Plaintiff leased the right to collect and gather the instant forest land from the 1950s to the 1980s to the other party to prevent unauthorized felling of the instant forest land from the 1982.

[Reasons for Recognition] Facts without dispute, Gap's entry in Gap's Evidence Nos. 1, 2, 3, 5, 6, 8 through 17 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of recognition as to the cause of claim, the Plaintiff occupied the forest of this case from September 28, 1970 to September 28, 1990.

I would like to say.

Therefore, the net F is liable to the Plaintiff to implement the registration procedure for ownership transfer on September 28, 1990 with respect to the portion of 1/2 of the instant forest land, and Defendant C, one of the co-inheritors of the netF, is the Plaintiff by prescription on September 28, 1990 with respect to the portion of 13/130 out of the instant forest land.

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