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(영문) 춘천지방법원 강릉지원 2018.07.17 2017나32012

소유권이전등기

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1. The judgment of the first instance, including the primary and selective claims added by this Court, is as follows.

Reasons

1. Basic facts

A. The cadastral record on the 3,372 square meters of forest land B in Gyeyang Yangyang-gun (hereinafter “instant forest”) was destroyed due to the incident of 6,25 square meters. On April 1, 1973, the owner’s column of the instant forest land under the former Forestry Register was a blank.

B. On April 20, 1995, the Defendant registered the forest of this case as the non-owned property, and completed the registration of preservation of ownership as to the forest of this case by the Yangyang District Court No. 2284.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 3, Eul evidence 3-1 and 2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The instant forest land, which is the primary cause of the claim, was included in the Hanwon Yangyang-gun E (hereinafter “E forest”), and the Plaintiff’s Siergian net D, around May 8, 1932, completed the ownership transfer registration after obtaining a transfer of the instant forest land from the Joseon General Division. After dividing the E forest, he donated the instant forest land to ASEAN on or around January 1, 1968, and thereafter C, around March 1, 1978, donated the instant forest land to the Plaintiff, the wife, as the wife.

As such, the Defendant completed the registration of preservation of ownership of the forest of this case without any title, even though the forest of this case was owned by the Plaintiff. Since the registration of preservation of ownership in the Defendant’s name is null and void, the above registration of preservation of ownership is sought for cancellation

B. Even if the forest land in this case does not belong to the plaintiff (or the network D), the defendant is obligated to implement the registration procedure for transfer of ownership of the forest land in this case on the ground that "the completion of the prescription for possession by March 1, 1998" or "transfer by May 8, 1932," as described in paragraph (1) or (2), is "the completion of the prescription for possession by March 1, 1998" or "transfer by May

1 The Plaintiff’s Maberter network D above.

As stated in paragraph (1), around May 8, 1932, the Plaintiff received a transfer of the forest of this case from the Joseon General Division, and donated the forest of this case in sequence from the network D in order, and the Plaintiff installed the tombstone in the forest of this case or installed the tombstone in the forest of this case.