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(영문) 대구지방법원 2015.07.08 2014나22831
소유권이전등기말소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On June 20, 1932, the registration of ownership transfer was completed under the name of P, while Q and R was completed on May 13, 1938, for Q shares in the name of S.

B. B. The area on the register of J Forest land before dividing the J Forest land into 27,58 square meters prior to the division is entered as the first 29 mix6,000,000, and a registration was completed on June 23, 1995 by correcting the area of the said forest to 27,58 square meters. On December 29, 1994, on September 30, 2008, the area of the said forest was corrected to 13,029 square meters for K Forest land, L1,517 square meters for forest land, M, 8,360 square meters for forest land, and the area was corrected to “8,814 square meters for forest land”;

J A divided into 4,682 square meters of forests and fields, and among which M forest 8,814 square meters (hereinafter “M forest before division”) was divided into M forest 7,354 square meters (hereinafter “M forest after division”), N forest 1,19 square meters (hereinafter “N forest”) and 341 square meters of O forest 341 square meters (hereinafter “O forest”) on November 12, 2008.

C. On June 23, 1995, J Forest 4,682 square meters for AC (S descendants), Y(AD’s grandchildren), 13,029 square meters for K forest 13,029 square meters for L forest 1,517 square meters for Z (R’s grandchildren), and M 8,360 square meters for land 8,360 square meters prior to division was completed for T, respectively.

As to the portion of 7,339/8,360 of M forest land in M M on December 26, 2007 before subdivision, Defendant I received a letter of guarantee from the owner of the forest land in M on June 27, 1995 that he actually owns the said land as of June 27, 1995 (hereinafter “the letter of guarantee in this case”) from the guarantor V, W, and U to the Daegu District Court under the Act No. 19955 of Jun. 10, 2008, the title transfer registration under the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 7500) is deemed to be the partial transfer registration of ownership in this case.

Upon completion of the contract, on June 10, 2008, as the case of the donation on June 10, 2008, No. 19956.

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