beta
(영문) 의정부지방법원 2015.02.13 2014나52415

소유권이전등기

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. Facts of recognition;

A. According to the forest survey report prepared during the Japanese colonial era, the land of this case is registered as the land attached to the Defendant, which was 12,397 square meters of the Gyeonggi-do Forest C, Gyeonggi-do (hereinafter “instant land”).

B. The instant land was restored on December 9, 1963, and was restored to FF type E with an address in the forest land register on January 20, 1964, and thereafter, it was unregistered until now.

C. On December 31, 2009, the land of this case was declared bankrupt on the grounds of the expiration of the period of disappearance on June 25, 1955 at the Ma, D’s wife I, J, K, K, and L at the Ma Government District Court, and the judgment became final and conclusive around that time, and the defendant who is still alive solely inherited the land of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 9 through 13, Gap evidence 16, Gap evidence 22 through 26 (including various numbers; hereinafter the same shall apply), the testimony by witness Q of the first instance court, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is a clan similar organization consisting of those residing in the Gyeonggi Socheon-gun area among the descendants of N, the Si of M, and completed the prescription period for possession by occupying the land of this case from January 20, 1964 to the point of view of ownership.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on January 20, 1980 with respect to the land of this case to the plaintiff.

B. On January 20, 1964, around January 20, 1964, the fact that the owner’s restoration was made under the F-type F’s name in the forest land registry book for the land of this case was as seen earlier. If the testimony of Gap’s 3, 8, 9, 22, and 17 (including the numbers with various numbers), witness Q of the first instance trial, and AA’s testimony added the purport of the entire pleadings to the entire pleadings, the land of this case was went missing after going through a war around June 25, 1950, and only the defendant among D’s inheritors was the only inheritor.