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(영문) 수원지방법원성남지원 2016.07.13 2015가합3958
소유권이전등기
Text

1. The defendant shall pay to the plaintiffs each share of 87178/525054 out of each real estate listed in the attached real estate list.

Reasons

1. Basic facts

A. The title of ownership was J on January 30, 1965 with respect to the 87509 square meters of I Forest Land in Gwangju-gun (hereinafter “the forest before the instant subdivision”). However, on the ground of the sale on January 30, 1965, the registration of ownership transfer was completed on August 16, 197 by Suwon District Court Gwangju District Court’s registration office No. 12059, which received on August 16, 1971. Since then, the registration of ownership transfer was completed on June 26, 1990 with respect to shares 331/87509 out of the forest before the instant subdivision as of June 26, 1990.

B. After the death of the J, on November 3, 1994, the heirs of the J filed a lawsuit against A to seek implementation of the procedure for cancellation of ownership transfer registration as to the shares of J out of the forest land before subdivision of the instant case. The Defendant asserted that the forest land before subdivision of the instant case was trusted in trust with the J through the independent party participation in the said lawsuit, and that the heir and the owner of the right to the shares of J out of the forest before subdivision of the instant case were the Defendant.

The court of first instance rendered a judgment against the heir and the defendant of the J, and such judgment of the court of first instance became final and conclusive around July 5, 1996 on the appeal by the J's heir, but the dismissal of appeal was rendered on July 5, 1996.

(hereinafter referred to as “related cases”). (c)

A, while the appeal of the related case is pending, the registration of ownership transfer was completed on October 7, 1995 by Suwon District Court, Gwangju District Court No. 44935, which received on November 4, 1995.

Since then, the forest land prior to the instant subdivision was divided into 4730 square meters of L, M, 74769 square meters of forest and 8010 square meters of forest land in Gwangju-si. The forest land 74769 square meters of forest land in Gwangju-si was divided into 72179 square meters of forest land, 2390 square meters of O forest and 200 square meters of forest land in Gwangju-si, and the forest land 2390 square meters of forest and 2328 square meters of Q forest and R after registration conversion into 2328 square meters of forest in Gwangju-si.

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