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(영문) 춘천지방법원 2016.06.24 2015나4300
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The plaintiff is entitled to the registration of transfer of ownership with the co-defendant C of the first instance trial (hereinafter referred to as "C"), and the defendant is entitled to the registration of transfer of ownership with respect to the forest of this case by subrogation of C. The court of the first instance accepted the claim against C. The part against the defendant was dismissed. Since only the defendant appealed, only the claim against the defendant belongs to the scope of the party member's judgment.

(The part against C in the judgment of the court of first instance is final and conclusive). 2. The reasons for this part of the basic facts are as stated in the corresponding part of the reasons for the judgment of the court of first instance.

3. The purport of the Plaintiff’s assertion is that the instant forest was owned by the original L Village Association (D Village Association; hereinafter “village Association”) and registered one-third of shares in trust with the Defendant and F, E and village residents, where the village was located.

In order to raise funds for the establishment of the community center, the community center decided to sell the forest of this case, and the E, which was the head of the community center, has sold the forest of this case to C by the representative of the community center (the representative and representative are used together with the term of representation, but is selected as the representative).

Since C agreed to transfer the forest land of this case to the Plaintiff, the Plaintiff became entitled to claim the transfer registration of ownership of the forest of this case against C.

On the other hand, the defendant is entrusted by the village association with the title of ownership on the part of the forest of this case, and the plaintiff is obligated to implement the procedure for the registration of ownership transfer on the forest of this case. Thus, in order to preserve the above right to claim for the registration of ownership transfer, the plaintiff shall seek the registration of ownership transfer on the forest of this case from

4. Determination

A. The reasons for the judgment on this part of the defense before the merits are stated in the corresponding part of the reasoning of the judgment of the court of first instance.

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