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(영문) 창원지방법원 2015.10.07 2015나94
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that has D 12 years old E as a joint ancestor.

B. The Plaintiff owned the forest land of this case in the window of Changwon-si, Changwon-si in an unregistered state while using the forest land of 82,221 square meters (hereinafter “the forest land of this case”) as a clan’s mountain, and the registration of ownership preservation was completed on December 20, 1971 by F with respect to the forest land of this case.

C. The deceased G (the father of H), the deceased I (the father of the defendant), the J, and the K, on December 26, 1984, shall complete the registration of ownership transfer for each of 1/4 shares out of the instant forest land on January 8, 1985, with the trade as the grounds for registration.

The ownership transfer registration was completed on September 22, 2003 with respect to the instant forest land to H, and on September 1, 2008, on September 1, 2008, with respect to the ownership of the network G on the ground of inheritance due to each consultation and division to the Defendant.

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 7, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff: (a) title trust of the instant forest to F and registered ownership in F’s name; (b) subsequently, due to the management problems, the title trustee changed the name of the deceased G, net I, J, and K four; and (c) the Plaintiff terminated the title trust agreement with the instant complaint; (b) As such, the Defendant, who succeeded to the status of the deceased I’s title trustee, should implement the procedures for the registration of ownership transfer with respect to shares of 1/4 of the Defendant’s title out of the instant forest.

3) In addition, on May 21, 2003, the Plaintiff agreed with H, network I, J, and K to complete the registration of ownership transfer based on donation under the Plaintiff’s name with respect to each of the instant forest areas. Therefore, the Defendant is obliged to implement the procedure for the registration of ownership transfer under the Defendant’s name on the ground of donation under the said agreement to the Plaintiff (the Plaintiff is claimed for the registration of transfer based on the said title trust and the registration of transfer based on donation).

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