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1. Revocation of a judgment of the first instance;
2. Between the Plaintiff and the Defendant, the Daegu Urban Corporation is not more than 3,074 square meters of forest land in Daegu-gun.
Reasons
1. Basic facts
A. On May 2, 1953, the registration of ownership transfer was completed in the name of the Defendant, the father of the Defendant, on May 31, 2005, on the ground that the 3,074 square meters of the C Forest land in Daegu-gun (hereinafter “the forest of this case”) had been completed in the name of the Defendant.
B. In around 2006, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of termination of title trust with respect to forest E in Daegu-gun, Daegu where the registration of ownership transfer was completed under the name of the Defendant (Tgu District Court 2006Gahap12323). However, the Plaintiff filed a lawsuit against the Defendant, which was rendered a favorable judgment in the case of Daegu High Court 2007Na6568, the appellate court, on the ground that the registration of ownership transfer was completed.
However, Supreme Court Decision 2008Da27059 Decided the defendant's appeal was reversed and remanded, and the Daegu High Court Decision 2008Na8448 was in progress.
C. Meanwhile, around 2005, the Plaintiff received the decision of provisional disposition on the prohibition of real estate disposal as the Daegu District Court 2005Kadan23434, on the ground of title trust with respect to the land of this case where the registration of ownership transfer was completed under the name of the Defendant. Around 2008, the Plaintiff received the decision of provisional disposition on the prohibition of real estate disposal as the Daegu District Court 2008Kadan4825 on the ground of title trust with respect to the forest of this case on the ground of title trust. Upon the Defendant’s application of the order to file a lawsuit against the Defendant, the Plaintiff filed a lawsuit claiming ownership transfer registration against the Defendant on the ground that title trust was completed with respect to the land of this case and the forest of this case.
On January 19, 2009, the above court shall pay to the Plaintiff KRW 50 million until March 31, 2009, and when delay occurs, the unpaid amount shall be paid together with damages for delay calculated at the rate of 20% per annum from April 1, 2009 to the date of full payment.
The Plaintiff withdraw the lawsuit of the case, such as the transfer of ownership, at Daegu High Court Decision 2008Na8448 (Supreme Court Decision 2008Da27059). The Plaintiff filed a lawsuit, and answer to the Daegu-gun E Forest land E, 1,079С, and F.