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(영문) 대전지방법원 2016.08.23 2015나8702

소유권말소등기 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the south of the network G, the South of the network S, and the network B is the south of the network T. The network T.

On the other hand, the net B is written as the south of the network K, the south of the network S.

B. On December 31, 1970, 1970, the Sinan District Court, Taean District Court, Taean District Court, Taean District Court, Taean District Court No. 8644, regarding D forest land (hereinafter “instant forest land”) was completed registration of preservation of ownership.

On June 2, 2014, the said land was divided into C forest land 42,438 square meters (hereinafter “instant forest”) and E forest land 2547 square meters (hereinafter “instant forest land”). On the same day, Defendant F, as Defendant F, on the same day, completed the registration of transfer of ownership on June 2, 2014 as the Taean District Court of Daejeon, Taean District Court No. 11421, Jun. 2, 2014, on the ground that he/she donated forest land 2547 square meters.

C. The Plaintiff, following the Plaintiff’s father G, managed livestock pens and pigs in part of D forest land divided into the instant E, and created and used dry field in part of D forest divided into the instant case C, and created and used wells and pigs.

The plaintiff's dongs created and used a vegetable digging at the edge of the above C forest, and part of the above forest is flive tree flick in which the age that appears artificially to have been planted is unknown.

In the case of D forest divided into the instant C, five cemeteries, such as Dong K, the South of the network S, the adoptive parents of the network B, and the network U.S. couple, are installed.

E. Meanwhile, the deceased died on June 1, 2016 during the instant trial. On the other hand, the deceased’s heir, Defendant L, children M, N,O, P, Q, F, and R applied for the continuation of the lawsuit on June 28, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1, 5, 10, 11, Eul evidence 1 and 7, Gap evidence 8-1 to 55, and the purport of the whole pleadings

2. The parties' assertion

A. On February 1963, 1963, the Plaintiff’s father of the instant woodland was donated from the Dong G, the Plaintiff’s father, and the deceased G and the Plaintiff had dry field in the instant woodland. The Plaintiff had a dry field in the instant woodland.