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(영문) 청주지방법원 2015.09.11 2014가단3139
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 7, 1959, the Plaintiff’s prior owner D (hereinafter “the deceased”) died and succeeded to E, F, and the Plaintiff’s property. E, F, and the Plaintiff inherited the property, and F, died on July 30, 1975, and on November 11, 1986, respectively, and the Plaintiff inherited E and F’s property.

B. Around December 1929, the Deceased was assessed against C forest land of 27967 square meters (hereinafter “the instant forest”).

C. After that, under the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111, hereinafter “Special Measures for Forest Land”), registration of ownership transfer (hereinafter “registration of ownership transfer”) in the name of Cheongju District Court G, E, and H (No. 1/3 equity) was completed as of August 21, 1970 under the title of G, E, and H (No. 1/3 equity), and ② registration of ownership transfer in accordance with the former Act on Special Measures for the Registration of Ownership of Real Estate (Act No. 7500, May 28, 2007, No. 11638, May 28, 2007) was completed due to donation on March 10, 195.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 7 (including each number in the case with a provisional number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff’s assertion that the forest land of this case was acquired as a result of the deceased’s assessment, and the Plaintiff acquired ownership by directly or in succession to the deceased, E, and F, and the Plaintiff obtained a false guarantee certificate and made registration of ownership preservation pursuant to the Forestry Special Assistance Act. The registration of ownership preservation in this case is null and void, and the registration of ownership transfer in the name of the Defendant under the Real Estate Special Assistance Act, which was made in the order of priority, is null and void as the registration based on a false guarantee certificate, etc., and thus, the Defendant is obliged to implement the registration procedure for ownership transfer on the forest of this case against the Plaintiff.

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