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(영문) 서울중앙지방법원 2014.08.21 2013가단18750
소유권이전등기
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The number of 38 persons, such as M, P, Q, R, R, T, U, V, X, Z, AAB, AC, AD, AE, AF, AF, AH, AJ, AK, AK, G, AM, AO, AP, Q, B, AS, AS, AS, ATS, ATS, AS, AU, AV, AV, AW, and AX (hereinafter “38 persons” in this case), shall collect money from the Gyeonggi-gu, Gwangju-si, and completed the registration of the combination of Y, AZ and BA on November 3, 1969.

B. For the purpose of raising the land price to be used as the access road and parking lot site of the forest before the instant partition, 1000 square meters out of the forest land before the instant partition shall be sold to the Defendant and the registration of adding the Defendant to the forest land before the instant partition shall be completed on May 27, 1975, because it is difficult to register subdivisions.

After April 27, 1989, the Gyeonggi-do BB Forest is divided into 3312 square meters in the forest land before the division of this case, and the registration of transfer of ownership in the name of the defendant on December 18, 199.

C. AY, BA, and AZ (hereinafter “instant forest”) were killed in relation to the Gyeonggi-gun N29,514 square meters of land remaining after the Gyeonggi-do BB forest was divided into 3312 square meters in the Gyeonggi-gun’s forest before the instant partition. At present, the Defendant is registered as the sole owner of the instant forest.

The 38 Plaintiffs jointly owned the forest land of this case in the form of co-ownership, and the Plaintiffs inherited, acquired, and donated the right to the forest land of this case from one of the 38 instant persons or from 38 instant persons, and the shares of this case are identical to the shares of each Plaintiff listed in the separate sheet.

E. The registration under the name of the Defendant as to the instant forest was made by the title trust (hereinafter “instant title trust”) to the Defendant by 38 persons, co-owners, who are the co-owners.

Since the title trust of this case is a so-called contract title trust, and the seller is bona fide, the defendant acquired ownership effectively.

The defendant shall make the real estate itself illegal to the truster.

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