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(영문) 대전지방법원서산지원 2017.09.20 2016가단55594
소유권이전등기
Text

1. The defendant is based on the restoration of the real name with respect to C Forest land 29,257 square meters, which is reasonable to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on December 12, 1962 with respect to C Forest C Forest 3 8 - 6 - 3 - 8 - in the time of the party division.

B. On October 14, 1969, the 6th 8th Y of C Forest land in the time prior to the subdivision was divided into the 29,257 square meters of C Forest land in the 3rd 8th YY and C Forest land in the time of Jinjin-si (hereinafter “instant land”) and the 9,025 square meters of D forest land in the 9,025 square meters.

C. E completed the registration of ownership transfer on August 14, 1970 with respect to the instant land by means of sale on April 5, 1965 under Act No. 2111 (Act No. 2116, May 21, 1969; Act No. 3373, Jun. 21, 1969; hereinafter “Special Measures”).

The defendant completed the registration of ownership transfer on December 8, 200 on the land of this case on the ground of donation on December 2, 2000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The Act provides that a person who fails to register forest land to be registered pursuant to Article 11 of the Act on Special Measures shall register the land within one year from the date of entry into force of the Act on Special Measures. As acknowledged earlier, it is clear that the date on which the registration of transfer of ownership to the land of this case was completed on August 14, 1970 and the date on which the registration of transfer of ownership to the land of this case was impossible to register the ownership pursuant to the Act on Special Measures after the lapse of one year from June 21, 1969, the date of entry into force of the Act on Special Measures. Thus, the presumption of transfer of ownership to the land of this case is null and void because the record of presumption of transfer of ownership to the land of this case is broken,

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff based on the restoration of the authentic title.

B. As to this, the defendant has partially amended Act No. 2204 (Special Measures for the Registration, etc. of Ownership of Forest Land) after the enforcement of Act No. 2111 on June 18, 1970.

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