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(영문) 대전지방법원 2015.01.23 2014나9968
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on February 19, 1968 with respect to C Forest 185,413 square meters (hereinafter “forest 185,413 square meters prior to the instant division”) with respect to forest 185,413 square meters (hereinafter “the forest 196 square meters prior to the instant division”) as a joint owner Plaintiff, D, E, and F (4 children from G) on February 19, 1968.

B. On July 22, 1993, E died on the ground of the death, and the registration of the change of ownership to the Plaintiff, D, and F (hereinafter “the registration of the first change of ownership”) was completed as of April 4, 2001, which was received on April 4, 2001 from the Daejeon District Court’s official land ownership support as to the forest land prior to the instant division as the grounds for registration.

C. The Plaintiff’s withdrawal from March 12, 2001 was based on the ground for registration, and the registration of change of ownership to D and F with respect to the forest land before the division of this case was completed by the Daejeon District Court No. 7528, Apr. 4, 2001, which was received on April 4, 2001.

On March 12, 2001, with respect to the forest land before the division of this case, the registration of change of ownership D, F, H, and Defendant (hereinafter “the third transfer of ownership”) was completed on April 4, 2001 with respect to the forest forest land before the division of this case, based on the addition of the co-ownership on March 12, 2001 by H (E) and Defendant (D) as the ground for registration.

E. On March 12, 2001, the change of ownership (hereinafter “the fourth change of ownership”) was completed with the purport that the ownership of the forest prior to the instant division was changed by the co-owners, D, F, and H to share one-fourth shares in the combined land by April 4, 2001 by the court No.7530 on April 4, 2001 as the grounds for registration for the change of ownership (hereinafter “the fourth change of ownership”).

F. On December 18, 2006, the official city purchased part of the forest land in this case prior to the instant partition from the above co-owners in KRW 304,668,00,00. The forest land prior to the instant partition was divided into KRW 16,926,00.

[Ground of recognition] Facts without dispute, Gap evidence No. 1-3, the purport of the whole pleadings.

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