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(영문) 창원지방법원 2018.08.24 2017나4700 (1)
소유권이전등기 등 말소등기
Text

1. Of the judgment of the court of first instance, the claims extended in the trial against Defendant B, C, and Geumsan Agricultural Cooperative.

Reasons

1. Facts of recognition;

A. As to each real estate of this case, Jinyang-gun E Forest land of 1,943 square meters (hereinafter “the forest land before the instant division”) is the forest land under the circumstances by the deceased F on September 19, 1914, which was the Japanese colonial rule-making 3 years (No. 1950, No. 3 years in Japan).

Since then, each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") was acquired through the change of administrative district, conversion of area, division, etc.

B. On October 20, 1962, the deceased Party F’s death and the deceased Party F’s inheritance networkF died, and his spouse and children jointly succeeded to the property, and the inheritance relationship between the Plaintiff and the Defendant C is as indicated in the separate shares of inheritance.

C. The Defendants’ registration of the instant real estate 1) Defendant B’s clan (hereinafter “Defendant clan”).

A) At around 1973, the Defendant filed a lawsuit claiming ownership transfer registration (Seoul District Court Jinsan Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 73Ga699). On July 16, 1973, the court rendered a favorable judgment of the Defendant clan in the lawsuit above, and its judgment became final and conclusive around that time in its form. The Defendant clan completed the registration of ownership transfer in the name of the netF with respect to the forest land before the division of this case based on the above final and conclusive judgment on August 16, 1973 on the ground of sale on September 15, 1972 and completed the registration of ownership transfer (hereinafter “registration of ownership transfer in the Defendant clan”).

(2) On December 5, 2007, Defendant C completed the ownership transfer registration (hereinafter “Defendant C’s ownership transfer registration”) under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”) with respect to the forest land before the instant partition on October 10, 1982 at the same court received on December 5, 2007 as the receipt of No. 68544, Dec. 5, 2007.

3) Defendant Geumsan Agricultural Cooperatives (hereinafter “Defendant Cooperatives”)

No. 56175, Dec. 6, 2013, which was received on December 6, 2013 from the same court with respect to forest land before the instant partition.

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