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(영문) 서울고등법원 2017.02.07 2016나2031884

소유권이전등기

Text

1. The plaintiff's appeal is all 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.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment is as follows: (a) each of the lands listed in Articles 6, 8, 9, and 11 of the attached Table 7 through 9 shall be stated in March 7, 1996; and (b) each of the lands listed in the attached Table 8 in the attached Table 10 of the attached Table 10 of the attached Table shall be cited in October 24, 1994; (c) each of the lands listed in Articles 6, 10, and 11 of the attached Table 6 of the attached Table 7 of March 7, 1996; and (d) the land listed in the attached Table 9 of the attached Table 1 shall be cited in June 2, 2009, as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the plaintiff as stated in paragraph (2) below.

2. The addition;

A. The plaintiff asserts that the registration of preservation of ownership in the name of the defendant was completed according to the procedure of disposal of non-owned real estate under the State Property Act. The procedure of acquisition of non-owned real estate is merely a procedure for registration on the public cadastral book and does not affect the substantive relationship of rights, so even if the registration of preservation of ownership in the name of the defendant was completed after January 12, 1970, the registration of preservation of ownership in the name of the defendant was completed as of January 12, 1970, not the ownership of the defendant, and the remaining land as of January 12, 1970, when Article 16 of the former Agricultural Community Modernization Promotion Act was enforced, shall be deemed as the ownership of

However, since a title holder of land under the former Land Investigation Decree (Ordinance No. 2, Aug. 13, 1912) acquired the pertinent land at the original time, if the land investigation division was prepared and circumstances were conducted under the former Land Investigation Ordinance, he/she or his/her heir becomes the land owner. Therefore, even if the State treated it as unregistered real estate and completed the registration as State property through the procedures under the State Property Act, it does not belong to the State. < Amended by Presidential Decree No. 20020, May 26, 2005; Presidential Decree No. 163417, Feb. 23, 1999>