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(영문) 대전지방법원서산지원 2019.02.19 2018가단52001
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. R, the Plaintiff’s assertion, purchased the forest land of this case in the name of the Plaintiff on June 7, 1942, and received delivery around that time.

As R dies, the Plaintiff continued to occupy the forest of this case.

S died on August 14, 1935, and the sole inheritor died on April 5, 197, and the Defendants, the descendants, succeeded to the forest of this case.

The Defendants are obligated to implement the registration procedure for ownership transfer on June 7, 1962 with respect to the shares of each Defendant entered in the inheritance share column in the annexed inheritor and inheritance share sheet among the forest of this case to the Plaintiff.

2. Determination

A. 1) On June 7, 1912, the land cadastre of the instant forest is indicated as being examined by S on June 7, 1912. 2) The Plaintiff paid the property tax of the instant forest.

On June 7, 1942, the Plaintiff acquired the forest land of this case on June 7, 1942, and the data on the basis is not remaining.

3) The instant forest land is surrounded by dry field, and is planted for a long time. around March 2018, the Plaintiff sold pine trees of the instant forest. (iv) around 2007, the Plaintiff completed the registration of ownership transfer regarding the instant forest land pursuant to the Act on Special Measures for the Registration of Ownership of Real Estate.

At the time, U.S., which was the head of the village, did not know about the ownership of the forest of this case and prepared a guarantee upon the request of the plaintiff.

However, the head of Taean-gun who received the objection by Defendant E dismissed the Plaintiff’s application for issuance of the written confirmation.

5) From the time of birth to the village in which the instant forest was located since the birth of 1942, V used words that R exchanged the instant forest and fields with S from his own father, etc. [The grounds for recognition] Gap evidence 1 to 8, Eul evidence 1 (each of the descriptions and images including each number, witness V, U testimony, and the Taean-gun-gun Office of this Court.

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