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(영문) 대구지방법원김천지원 2013.12.19 2013가단2111
소유권말소등기
Text

1. The Defendant (Counterclaim Plaintiff) shall have the Plaintiff (Counterclaim Defendant) share 281,890/480 of 290,480 square meters of C forest land 7,470 square meters in Kimcheon-si.

Reasons

1. Facts of premise;

A. On March 20, 1971, the registration under the Defendant’s name with respect to the forest land before subdivision E was completed on March 20, 1971 with respect to 290,480 square meters of D forest land (hereinafter “forest land before subdivision”). On June 12, 1985, the Defendant completed the registration of transfer of shares on March 5, 1972 with respect to 289,920 square meters of forest land before subdivision from E.

B. On June 2, 1995, the Plaintiff registered the Plaintiff’s name in relation to forest land before subdivision as to 7,400/290 of the forest land before subdivision from the Defendant on December 4, 1985, completed the transfer registration under the former Act on Special Measures for the Registration of Transfer of Real Estate Rights (Act No. 4502 of Nov. 30, 1992, hereinafter “Special Measures Act”).

C. On September 5, 2005, the process of dividing the forest land before the division was divided into F. On December 28, 2012, 7,470 square meters of the remaining forest land was divided into C (hereinafter “C forest”) and 1,190 square meters of the remaining forest land before the division was divided into G. Accordingly, D (hereinafter “forest land after division”) was converted into 276,776 square meters.

As of the current status of registration of forest and fields C after division, each real estate register concerning forest and fields C after division is indicated as owned by the Plaintiff, the Defendant, 281,890/480, and H, the heir of E, owns 290,480/480.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, 5, Eul Nos. 1 and 2, Eul's testimony, and the purport of the whole testimony and pleading of the witness I

2. The parties' arguments and issues

A. The Plaintiff’s assertion is demanding the Defendant to implement the procedure for the registration of ownership transfer with respect to the Defendant’s shares among C forest land on the following grounds.

1. On December 1985, the Plaintiff purchased a specific part of the forest land corresponding to C in the forest land before subdivision from the Defendant and cultivated it as a sublime farm.

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