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(영문) 수원지방법원 2014.12.12 2014나4252
소유권이전등기말소 등
Text

1. The part against Defendant C in the judgment of the first instance shall be revoked.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. The Plaintiff’s assertion is Fmpath’s 26 years of age, and Defendant B is the Plaintiff’s deadly related students, Defendant C and Defendant D’s children.

In Ischeon-si E Forest land E 8 Ma 3 Ma (hereinafter “the instant forest”) is a mountain where a tombstone in the tide was born in addition to the Plaintiff’s vision. At the time of the Japanese occupation occupation, G, the father of the Plaintiff’s father of the instant forest, was unregistered on February 12, 1930, and the Plaintiff, South Korea, was inherited.

However, without any authority, Defendant B, who was aware that the forest of this case was unregistered, completed the registration of ownership transfer of the forest of this case under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land by the Suwon District Court, Leecheon District Court, Leecheon District Court, No. 730 on January 30, 1979. On the ground of donation from December 19, 201, Defendant C had completed the registration of ownership transfer as to 1/100 of the forest of this case, and Defendant D completed the registration of ownership transfer as to shares of 9/100 of the forest of this case on December 20, 201.

Therefore, since registration of preservation of ownership in the name of Defendant B and registration of transfer of ownership in the name of Defendant C and Defendant D are invalid, the Defendants are obligated to cancel each of the above registrations to the Plaintiff, who is the actual owner of the forest of this case.

2. In full view of the judgment-making process, Articles 3 and 10 of the former Decree on the Investigation of Forest Land (amended by Presidential Decree No. 5, May 1, 1918), Articles 1 and 9 of the Enforcement Rule of the same Act (repealed by Presidential Decree No. 38, May 1, 1918), and Articles 27, 51, and 77 of the Enforcement Rule of the same Act (repealed by Presidential Decree No. 59, Nov. 26, 1918), and Articles 1, 2, etc. of the former Ordinance on the Investigation of Forest Land (amended by Presidential Decree No. 5, Apr. 5, 1926), and Articles 1, 79 of the former Ordinance on the Investigation of Forest Land, and Articles 1, 2, etc. of the same Decree are written as “the owner’s column of forest land prepared under the Ordinance on the Investigation of Forest Land”) and the individual’s name and address are written in the column of column.

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