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(영문) 서울고등법원 2019.03.08 2018나2018007
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

3. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

Basic Facts

There is a "AE Council" that is the five-year-old N of the existence of the AE sub-council.

Each of the instant lands is the land divided into “A AA forest 202,612 square meters (hereinafter “the instant land before the division”). The forest land register was written by Nonparty 3, who had a domicile in AFri on April 6, 1918.

With respect to each of the instant lands before the relevant partition, registration of preservation of ownership was completed in the name of Defendant B, Nonparty W, X, and Y4 pursuant to the former Act on Special Measures for the Registration, etc. of Forest Land Ownership on July 11, 1970 (amended by Act No. 2111 of May 21, 1969 and repealed by Act No. 9143 of December 19, 2008).

Since January 12, 1985, the instant land was divided into seven parcels, including ① 183,306 square meters of AA AB forest, AB forest, 5,275 square meters (attached Form 2) and AC forest and 2,886 square meters (attached Form 3), and ② AA forest and 183,306 square meters of land partitioned into AH, AI, and AJ on April 2, 2002; and AA land was divided into KRW 125,934 square meters of forest and land (attached Form 1 land). ③ AJ land was divided into KRW 44 square meters of forest and 125,934 square meters of land (attached Form 44 square meters of real estate) on July 27, 2010.

W. W died on December 25, 1975, and his heir had Defendant C, I, D, E, F, G, H, and Nonparty AK.

X died on September 30, 1990, and Defendant K and Defendant J inherited the shares in X’s name in each of the instant land through consultation and division.

Attached Form

Among each land of this case relating to the use of the list of land, the AA land is 8 years old, M M, 11 years old, T, and 18 graves for the 11-year old-age-old-age-old-age-based graves.

[Reasons for Recognition] A without dispute, Gap 1, 6, 7, 11, 14, 15, Eul 1, 2, Eul 1, 1, 6, and 7, each of the statements and videos (including branch numbers, if any) of Eul 1, 2, Eul 1, 6, and 7, and the gist of the plaintiff's argument as to the whole purport of the pleading is 11 years old among the descendants.

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