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(영문) 대구지방법원 2019.04.25 2018가단130326
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The land of 824 square meters for E forest land in Gyeongsan-si prior to the subdivision (hereinafter “land prior to subdivision”) was under the circumstances of F on October 28, 1917 in the forest land register.

As to the land before subdivision, the registration of ownership transfer in the name of deceased G (hereinafter referred to as the "registration of preservation in this case") was completed on August 14, 1981 by the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1997; hereinafter referred to as the "Special Measures Act"), and the registration of ownership transfer in the name of the defendant (hereinafter referred to as the "registration of this case") was completed on October 28, 2008 on the grounds of donation as of the same date as of October 28, 2008.

B. Around July 2018, the land before subdivision was divided into C forest land 723 square meters (hereinafter “C forest”) and D cemetery 99 square meters (hereinafter “D cemetery”).

(hereinafter referred to as “H forests and fields” and D graveyards each of the instant lands.

The Plaintiff is the south of the deceased on January 15, 1986, and the deceased on January 15, 1986, and the deceased on October 31, 1937, is the south of the deceased on October 31, 1937, and the deceased on September 15, 1924.

On November 25, 2018, on the premise that the land before subdivision is inherited property of the network I, the heir of the network I, including the plaintiff, made an agreement on the division of inherited property that the plaintiff would own solely on the premise that the land before subdivision is inherited property of the network I.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 9 evidence, purport of the whole pleadings

2. Although the land prior to the division of the Plaintiff’s assertion was owned by the Plaintiff, who succeeded to the land from the deceased F, who is the well-known part of the Plaintiff’s inheritance, and without title, received this case’s preservation registration from the deceased G G, which completed the preservation registration of this case without title, and consented to the Plaintiff’s exercise of ownership by completing the registration of this case’s transfer. As such, as a exclusion of interference based on ownership, the Defendant seeks against the Defendant for implementation of the procedure for registration of ownership transfer based on the restoration of real name as to each

3. The Act on Special Measures for Determination.

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