(a) Where part of the forest land within one parcel has been sold, but the registration of ownership transfer concerning the whole part has not been effected, the validity of registration concerning the portion which has not been sold;

(b) The validity of registration where the seller has made a new registration of initial ownership relating to the portion not sold above;

A. In a case where the registration of ownership transfer for the whole portion has been completed without dividing the excluded portion out of the forest land within one parcel, the registration for the portion not sold above shall be deemed to have been held in title trust, unless there are special circumstances.

B. The registration of preservation of ownership, which is removed from only the portion that was not previously sold without detecting the original forest, is invalid as the duplicate registration.

Article 186 of the Civil Act

Supreme Court Decision 71Da1867 delivered on November 30, 1971 (Supreme Court Decision 9902Da1867 delivered on November 30, 197, Supreme Court Decision 19Da129 delivered on March 129, 199 (No. 162), Supreme Court Decision 72Da1942 delivered on January 16, 1973

Plaintiff

1. One other than the intervenor succeeding to rights

Defendant 1 and five others

Seoul Central District Court (68A9714) in the first instance trial (Supreme Court Decision 68Da9714)

Supreme Court Decision 71Da1867 delivered on November 30, 1971

(1) The Defendants’ appeal is dismissed.

(2) In the case before remanding, the Plaintiff secedes from the trial before remand and participated by the Intervenor, etc. in the succession to rights, and therefore, the judgment below is modified as follows.

Intervenor, etc.

A. On December 14, 1966, Defendant 1 performed the procedure for registration of cancellation of ownership transfer registration as a result of the sale on August 6, 1966, as set forth in the Youngpo District Court Youngpo District Court No. 36573, Dec. 14, 1966.

나. 피고 2는 동 목록 6,7기재 부동산에 관하여 1966.1l.26. 같은 등기소 접수 제34098호로서 한 1966.10.30.자 매매에 인한 소유권이전등기의 각 말소등기절차를 이행하고, 위 두필지상의 별지도면표시 ㄱ, ㄴ, ㄷ, ㅌ, ㅋ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㄱ을 각 순차로 연결한 선내의 (사)부분 지상에 축조된 세멘부록 및 목조스레트 초즙 평가건 1동 건평 11.12평을 철거하여 그 대지를 인도하고

C. Defendant 3, as the receipt of the same registry office on December 27, 1966, performed the procedure for registration of cancellation of ownership transfer registration due to the sale of the same registry office on August 25, 1967, which was conducted on December 25, 1967, and removed the mentmen’s book and apap 15 square meters constructed in the part of the annexed drawing indication (C) on that ground and delivered the land.

D. On December 20, 1967, Defendant 4 performed the procedure for registration of cancellation of ownership transfer registration due to the sale from December 12, 1967, which was received by the same registry office on December 20, 1967, with respect to the real estate listed in the annexed sheet 11, and removed the mentmen’s and mentmen’s colon’s colon’s colon’s apap and 9.47 square meters per 1, 1967, and delivered the land.

E. Defendant 5 implements the procedure for cancellation registration of each transfer of ownership due to the sale on June 2, 1964, as set forth in No. 33485 of the receipt of the same registry office on December 13, 1965 with respect to all real estate recorded in the attached list.

F. Defendant 6 complied with the procedure for cancellation registration of preservation registration as stipulated in No. 12621 of the receipt of the same registry office on June 17, 1964 with respect to 147-3 forest land in Yeongdeungpo-dong, Youngcheon-dong, Seoul, Young-gu.

(3) All costs of the lawsuit shall be borne by the defendant, etc.

The Intervenor, etc. sought a declaration of provisional execution concerning the removal of buildings and delivery of land as stated in Paragraph 2 of this Article.

The defendant, etc. shall revoke the original judgment.

The intervenor's request is dismissed.

All litigation costs were assessed against the plaintiff and the intervenor, etc.

(1) The real estate in the name of 147 piece 7 of Yeongdeungpo-dong, Yeongdeungpo-gu, Seoul is the 147 forest land in the original administrative district before the change of the name of the administrative district. The real estate in the name of 147 piece 7 is the 147 forest land in Dobong-gu, Dong-gun and the defendant 6 inherited from its fleet. The real estate is the registration of ownership transfer made between the defendant 6 and the non-party 1 as of August 14, 1963, and the registration of ownership transfer made under the name of 2 as of February 15, 1963 and the non-party 1 as of December 28, 1967 as of December 24, 197, and the registration of ownership transfer made under the name of 2 as of March 24, 1969 to the non-party 1 as well as the non-party 41 forest land in the order of the court below's order to preserve the original forest land.

First of all, according to the facts without dispute and the facts acknowledged, the above 8th 7th of the forest land in this case is presumed to have been sold before the sale by Defendant 6 to Nonparty 1 and currently owned by the intervenor, etc., and the supplementary registration with respect to Defendant 6’s forest 1st 2 is completed without reduction of 8th 7th , the forest land in this case, which is the original 8th 7th , and it is invalid as the second 2nd 2nd 2nd 2nd 2nd 3rd 3rd 7th 7th 7th 7th , and the registration with respect to each site in the name of the defendant, etc. should also be cancelled as the cause invalidation. Accordingly, the building

(2) However, Defendant 6 disposed of the above 8th 7th 1st 7th 1st 2th 1st 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 2th 1st 2th 2th 1st 2th 2th 1st 2th 2th 2012, and Defendant 6 transferred the entire 1st 2th 2th 1st 2th 2th 2nd 1st 2th 2nd 1st 1st 2nd 1st 2nd 1st 2nd 1st 2nd 8th 8th 8th 8th 8th 8th 2nd 2nd 2nd 1st 202nd 1st 1st 2nd 2nd 202nd 1st 202nd 2nd 2nd 3rd 2nd 201st 2nd 2nd 2nd 2nd 2nd.

(3) If so, the forest land in this case is owned by the intervenor, etc., and each transfer registration under the name of the defendant 6 and the remaining defendant et al. is invalid. Thus, the defendant et al. is obligated to perform the procedure for cancellation registration of each cause of invalidation to the intervenor et al., and the defendant 2, 3, and 4 is obligated to remove the building under the name of the intervenor et al. and deliver it to the intervenor et al., and the plaintiff et al.'s claim of the principal lawsuit by the intervenor et al. is justified and accepted. Since the judgment is eventually consistent with this decision, the appeal by the defendant et al. is dismissed, and the plaintiff et al. has accepted the claim by the intervenor et al. who participated in the trial before the remand, and the costs of the lawsuit are imposed on the defendant et al. who lost

[Attachment List omitted]

Judge Han Man-Shan (Presiding Judge) Lee Man-soon