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(영문) 서울고등법원 2015.03.06 2014나39574
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why this Court uses this part of the basic facts are as follows: “1.2.2.” of the second sentence of the first instance judgment “1.20.20”; “F forest” of the third sentence of the same part “F forest” (hereinafter “the instant F forest”) shall be read as “F forest”; and “the third part of the third sentence of the first instance judgment “the third part of the first instance judgment (hereinafter “F forest”) shall be read as “the trade name shall be changed to “the south of the stock company” for convenience; hereinafter “F trade”)”; and the corresponding part of the reasoning of the first instance judgment shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except that the following is added to the next sentence of the last sentence of the first instance judgment.

D. As the Plaintiff A of the first instance court died on January 2, 2015, AA, his/her father, solely succeeded to the right to forest land E of this case, and taken over the instant lawsuit (hereinafter “Plaintiff”).

(i) "";

2. The purport of the Plaintiff’s assertion was that the instant woodland E was considered to be the name of the headquarters A, and the registration of the instant recovery registration in Q with respect to the G forest divided from the instant woodland E is the invalidation of the cause for the invalidation. The registration of the ownership transfer in the Defendant’s name with respect to the instant woodland divided from G forest divided into G forest before division is also invalid.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name instead of cancelling the registration for transfer of ownership under the name of the Defendant, the only heir of the network A who inherited the forest of this case from the network D.

[In light of the process of partition and annexation of the land recognized above, there exists room for doubt as to whether the instant forest is divided into G forest that had been divided into G forest before partition. However, considering the entries in the evidence No. 20 No. 1 and No. 20 and the results of the first instance survey appraisal, the area of G forest land (3,025С) before partition and the area of the instant forest land (34,070С) shall be accurately identical with that of 5,500С, and a rough position shall be located.

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