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(영문) 대전지방법원서산지원 2016.07.13 2015가단53522
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 December 9, 1970, the registration of preservation of ownership was completed in the name of E on December 9, 1970 with respect to D forest land 18545 square meters (the “forest land before division”; hereinafter the “real estate location”) in Seosan-si, Seosan-si.

On January 28, 1986, the forest land before subdivision was divided into 12043 square meters of D forest and C forest and 6502 square meters of forest land (hereinafter “instant forest”).

B. As to the instant forest land, the name of F on January 28, 1986, the ownership transfer registration based on each sale was completed in the name of G on May 8, 1987, and the ownership transfer registration based on the inheritance due to the consultation division was completed on April 17, 2013 in the name of the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The Plaintiff’s assertion 1) E: (a) around 1968, around 1968, sold 300 square meters of the forest land before the division to H in a state of unregistered registration; (b) thereafter, the 300 square meters was sold in order of I and J; and (c) around December 197, K sold the forest land after having 7 malle ma to K in the order of J; (b) on January 15, 1986, K did not understand the meaning of flat mar, 300 square meters as the forest of this case, and entered into a contract with L to sell all of the forest of this case with the entire forest of this case, and E also issued documents necessary for transfer of ownership to L, without knowledge of the meaning of flat distance.

3) Accordingly, L had completed the registration of transfer of ownership in the name of F, which is the wife for the entire forest of this case without any authority. On May 7, 1987, L had title trust with G, which is the father of F, and thereafter completed the registration of transfer of ownership on the ground of inheritance to the Defendant, who is the mother of F. F. F. 4) Ultimately, the remainder except 300 square meters out of the forest of this case is owned by E, and the Plaintiff, who is his child, solely succeeds to the instant forest due to the death of E, and completed the agreement of division of inherited property. Accordingly, the Defendant completed the agreement of division of ownership. As such, the Defendant shares 5

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