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(영문) 대구지방법원상주지원 2017.10.25 2017가단284
소유권이전등기
Text

1. The plaintiff's claims against the defendant, the defendant (appointed party) and the appointed party are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 3, 1964, E forest land (hereinafter “E forest”) was registered in the name of F when a resident was permanently stationed before the division, and the registration of ownership transfer was made in the name of G on the same day.

B. On January 28, 1981, H/D forests were divided in E forest land.

C. D Forest land was registered under the name of I on August 27, 1981. Of them, with respect to the portion of 149/1388 shares, the ownership transfer registration was made under the name of the Defendant (hereinafter “Defendant B”) on December 19, 1981, and with respect to the remaining portion of 1239/1388 shares under the name of J on January 5, 1991.

The J died on August 22, 2014, and the Defendant (Appointed Party) and the designated parties (hereinafter collectively referred to as “Defendant C, etc.”) who are their children succeeded to their rights and duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1-1, 2, and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion G sold 146 square meters out of D forest land (hereinafter “the instant forest”) to K around the late 1960s, and sold the remainder 274 square meters to I.

However, I completed the registration of ownership transfer in its own name for the entire D forest as a whole that is not 274 square meters, and completed the registration of ownership transfer to Defendant B and J, but actually disposed of only 274 square meters which is its own ownership.

Since then, K claims that I completed the registration of ownership transfer for the entire D forest as a whole, and I subsequently called the survey and the division, and after February 1, 1982, K sold the forest land of this case to the Plaintiff.

The Plaintiff continued possession of the forest of this case, including the purchase of the forest of this case and the purchase of the forest of this case, and the installation of a grave for the use of one grave for the father's death and one grave for the mother's death.

On January 6, 2011, the Plaintiff finally changed the ownership of D forest land after the lapse of 20 years from January 5, 1991.

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