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(영문) 서울중앙지방법원 2016.07.08 2015가합27366
소유권등기.교육감명의말소
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On May 29, 1980, the Plaintiff completed the registration of ownership transfer with respect to the share of 41.65/4,165 square meters in Guro-gu Seoul Special Metropolitan City C Forest Land 4,165 square meters. On April 4, 1983, the forest was divided into 3,265 square meters in C forest land and 900 square meters in B forest land.

B. From April 2, 1985 to August 12, 1986, the Defendant acquired through consultation 67 shares of 4040.05/4,165 shares out of the above forest from 67 co-owners of 900 square meters of forest land B Guro-gu Seoul Metropolitan Government from April 2, 1986, and completed the registration of ownership transfer with respect to 4040.05/4,165 shares from April 17, 1985 to August 19, 1986.

C. According to Article 20(3) of the former Cadastral Act, the owner of the land who intends to merge is not entitled to file an application for annexation. However, the Defendant filed an application with the head of Guro-gu Seoul Metropolitan Government for annexation of each of the above forests on the ground that the Plaintiff and two other owners of the land jointly owned by the Defendant are owned by the Defendant, both the Plaintiff and the Defendant, and the Seoul Metropolitan Government, Guro-gu Seoul Special Metropolitan City, 9,

The head of Guro-gu Seoul Metropolitan Government, on May 18, 1993, treated each of the above forests as F forest land of 10,406 square meters, but did not register the merger.

After that, on December 7, 1993, the head of Guro-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Guro-gu Seoul Metropolitan Government") restored the registered matters ex officio on the grounds that the owners of the above forest could not merge.

The name of Guro-gu Seoul Metropolitan Government G was changed to Geumcheon-gu Seoul Metropolitan Government G on October 21, 2004, and on the same day, Guro-gu Seoul Metropolitan Government 900 square meters of forest land was changed to the forest of this case.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 12, 16, 17 through 19 (including each number in case of a tentative number), Eul evidence 1, 3 and 4]

2. According to Article 20(3) of the former Cadastral Act, the owner of the land who wishes to merge is not entitled to file an application for annexation, but the Defendant shall not file an application with the head of Guro-gu Seoul Metropolitan Government, on the ground that the Plaintiff and two other owners of the land who intend to merge are owned by the Defendant, and the same shall apply to each of the above forests on the ground that the Plaintiff and two other owners of the land owned by the Defendant are owned by the Defendant.

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