(영문) 서울중앙지방법원 2015.05.20 2013나65276

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(영문) 서울중앙지방법원 2015.05.20 2013나65276

소유권이전등기말소 등

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1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. According to the forest survey document prepared in the Japanese occupation point period, the forest survey document is written that the 793m2 of the R forest land in Guri-si (hereinafter “the forest of this case”) was under the circumstances of the GJ around 1917.

B. After completing the registration of preservation of ownership in the name of Dong Government District Court (No. 3562 of the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate; hereinafter “former Special Measures”), the registration of transfer of ownership in the name of the Defendants (hereinafter “the registration of transfer of ownership in the name of the Defendants”) was completed on June 30, 1983 under the former Special Measures for the Registration, etc. of Ownership of Real Estate Act (No. 3562 of the former Special Measures Act) and the registration of preservation of ownership in the name of Dong Office (hereinafter “instant preservation registration”) was completed on December 14, 201 by December 14, 2001, No. 45401 of the same registry office as of December 13, 201.

C. Meanwhile, the deceased J died in around 1925, and his/her own property was succeeded to as Australia, his/her father-Named L.

After that, the deceased on July 15, 1930, the deceased on the deceased on July 15, 1930, the deceased on December 1, 2009, and the plaintiffs, their children, jointly inherited. D.

On June 24, 2003, the network K also died and jointly inherited the property by Defendant F and his wife, Defendant G, H and I.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-2, Eul 5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) The forest land of this case is the land under the circumstances of the deceased J, the fleet of the plaintiffs, and inherited their ownership from the deceased J in succession. On the other hand, the preservation registration of this case completed in the name of the deceased K under the former Act on Special Measures is null and void as it is based on a false guarantee, and the registration of this case is null and void as it is completed in the name of the defendants. Accordingly, the defendants are obliged to implement the procedure for the registration of the preservation registration of this case and the registration of the cancellation thereof to the plaintiffs. 2) The defendants' forest of this case are net.

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-부동산소유권 이전등기 등에 관한 특별조치법

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