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(영문) 서울중앙지방법원 2018.11.01 2017가단64768
소유권보존등기등말소등기절차이행청구의소
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. Basic facts

A. According to the statement in the forest survey report drawn up under the Japanese colonial rule, I received the assessment of forest land before the instant partition, and the Plaintiff is the said I’s grandchildren.

B. On April 8, 1970 regarding forest land before the instant partition, J completed the registration of preservation of ownership as prescribed by Article 2391 of the receipt of the J-gu District District Court Goyang-dong Branch Office (hereinafter “Songju Branch Office”) pursuant to the Act on Special Measures for the Registration of Transfer of Forest Ownership (No. 2111).

C. The forest land before the instant partition was converted into a unit area of F forest land into a size of 36,198 square meters. Defendant B completed the registration of share ownership transfer as of November 27, 1989 with respect to the share of 1809/36198 of the forest land before the instant partition, as to the share of 1809/369 of the forest land before the instant partition, and Defendant C completed the registration of share ownership transfer as of December 6, 1989 with respect to the remaining share of 1809/36198.

Before the instant partition, the forest was divided into “F forest and K forest” on May 23, 1997, and ② the said F forest was converted into 18,350 square meters of G forest and land on June 26, 2008, and was divided into the instant 1 and 2 land on June 27, 2008, respectively; ③ the said K forest was converted into 18,383 square meters of L forest and land on June 26, 2008, and was divided into 9521 square meters of L forest and land on June 27, 2008, M862 square meters of forest and land (the said forest was converted into land for factory on October 9, 2008).

E. As to the instant land 1, 2, Defendant C completed the registration of share ownership transfer based on the partition of co-owned property as of October 2, 2003, No. 60188, Sept. 30, 2003.

As above, Defendant B completed on October 2, 2003 the registration transfer registration of share ownership based on the partition of co-owned property as of October 2, 2003, No. 60189, Sept. 30, 2003, regarding L and M forest which completed the partition and registration conversion.

F. On December 15, 2003, Defendant D purchased the above L and M forest from Defendant B, and completed the registration of ownership transfer under Article 79794 on December 26, 2003, which was received by the Pakistan registry office. On November 17, 2008, Defendant C purchased the instant two land from Defendant C on November 17, 2008, and the receipt of the Pakistan registry office was issued under Article 79639 on the same day.

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