임야소유권확인
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.
1. Determination as to the cause of claim
A. The facts of recognition 1) E was found on October 10, 1917, which was at the time of the land survey project during the Japanese occupation occupation period, on the 1917 KY 4 forest land in Yangju-si on October 10, 1917. 2) E was dead on February 12, 197, with the plaintiff son and son (the plaintiff son) between F and his child on February 12, 1974 (Marriage of June 11, 1969), Samnam, G, Ham I (Marriage of December 18, 1966), T women J, Ham K, and Man L (Marriage of September 28, 1971).
Meanwhile, on July 3, 1953, 1953, Ma was killed after having left N and sonO, which was before E died.
3) On April 19, 1965, the Defendant completed the registration of preservation of ownership on the 8th portion of C forest land in Yangju-si as to the 4th portion of C forest land in Yangju-si. 4) On August 29, 2008, the 8th portion of C forest land in Yangju-si was divided into 40,196 square meters of C forest land and 7,407 square meters of D forest land (hereinafter collectively referred to as “the instant forest”).
[Reasons for Recognition] Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
B. A person stated in the judgment of the competent Minister as the owner is presumed to be the owner, and the presumption of registration of preservation of ownership is broken if a person other than the title holder of registration of preservation is found to have received the pertinent land. Thus, barring any special circumstance, the Defendant is the legal portion of inheritance under the former Civil Act (amended by Act No. 3051, Dec. 31, 197), which was in force at the time of inheritance E’s death, with the share of 6/21 among the property of the E, the legal portion of inheritance under the former Civil Act (amended by Act No. 3051, Dec. 31, 1977), Plaintiff 6/21, Samnam-nam G4/21, Samnam G 1/21, Samnam G1/21, Y2/21, Mag Women J2/21, Magn K 2/21, Magnam L1/21, N, 4/21.
As to 6/21 shares of the instant forest in this case to the Plaintiff, the Plaintiff is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name.
The plaintiff asserts that since G and H among co-inheritors died, there is no child and J are missing, the plaintiff's inheritance share should be 6/10. However, there is no evidence to acknowledge the above assertion.
In addition, the Plaintiff’s shares in the instant forest exceed 6/21 of his/her shares in inheritance.