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(영문) 부산고등법원 2015.04.30 2014나4293
소유권이전등기 등
Text

Of the judgment of the first instance court, the conjunctive claim against the defendant C and D shall be revoked, and the plaintiff shall be entitled to the revoked part.

Reasons

1. Basic facts

A. On December 30, 1917, 1: (a) on the registration of real estate: (b) on December 30, 1917, I was under the assessment of 44,826 square meters of AT forest AT forest in Yangsan-gun, Yangyang-gun; (c) on July 29, 1970, J, one of the children of I, made a registration of ownership preservation on the said real estate; (d) on September 7, 1983, R and Z completed the registration of ownership transfer on the said real estate; (e) on June 25, 1984, Defendant B, one of the children of J, was cancelled on the ground of application error; and (e) completed the registration of ownership transfer on the said real estate on the ground of donation made on March 5, 1972.

② On November 16, 1985, the land size of AT 44,826 square meters was divided into 4,309 square meters in AT forest, 33,973 square meters in LU forest, and 6,544 square meters in AU forest on November 16, 198. Defendant B donated each of the said real estate to Defendant C and F, one’s own child on November 27, 1996, and completed the registration of ownership transfer on November 29, 196 after completing the gift agreement with F on August 27, 2008 and completing the registration of ownership transfer on September 1, 2008.

③ After that, on March 28, 2011, 4,309 square meters of AT forest was divided into 75 square meters of nearby BA forest and 75 square meters and 4,384 square meters of AT forest and 736 square meters of AV forest and 3,648 square meters on July 22, 2011 (i.e., real estate indicated in paragraph (1) of the attached Table) and AV forest and 3,648 square meters (=real estate listed in paragraph (3) of the attached Table). 6,54 square meters of AU forest and 6,544 square meters were divided into AU forest and 4,163 square meters on July 22, 2011 (=real estate listed in paragraph (2) of the attached Table) and AW forest and 381 square meters (=real estate listed in

④ In light of the foregoing merger, division, etc., the owner of each real estate listed in the attached Table Nos. 1 through (4) is registered as Defendant B and C (one-half shares, respectively). In the case of the real estate listed in paragraphs (1) and (3), the registration for transfer of ownership in the name of Defendant B and C (one-half shares, respectively), which was made on March 16, 201 by reflecting the merger of BA forest land No. 75 square meters, was made on March 7, 201.

⑤ On October 4, 1972, BB completed the registration of ownership transfer on the real estate stated in Section 5 of the Attached List.

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