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(영문) 서울고등법원 2019.12.17 2018나2064437

소유권확인

Text

1. The judgment of the court of first instance is modified as follows.

There are 1/114 shares of 40,066 square meters of F forest land in Suwon-gu, Suwon-gu.

Reasons

1. Basic facts

A. On July 31, 1935, the term “H and five persons,” and on April 18, 1940, the term “G, and other 37 persons,” the joint roster prepared under Article 147 of the joint roster was filed on June 25, 198, and if the joint roster was destroyed by the Act No. 404 of the Registration Rules ( enacted on December 23, 1981), the registration officer of the district court shall consider the destruction of the relevant registry as the destruction of the relevant registry, and shall dispose of the registry with the permission of the head of the district court, and the destroyed registry shall be preserved in accordance with the closed registry.

Pursuant to this, on December 31, 1992, the registration register of the land of this case was closed with the permission of the head of Suwon District Court to dispose of it.

The owner of the current forest land in this case is also the state of unexploited state in the blank.

B. On September 7, 1936, the forest tax statement on the instant land was originally designated as “H and five persons,” and a group of 2 lots of 1,190 square meters (1,190 square meters) among the instant land was designated as a reserved forest on September 7, 1936.

(The part of the reserved forest is not partitioned separately, and there are no materials, such as the original drawing of the reserved forest, the location and the area of which are accurately specified in the cadastral map. Of the instant land, 3rd 9 parts of the 9th 2nd 2nd 2nd 3rd 3,876 square meters (other than the above reserved forest, among the instant land, seems to fall under 38,876 square meters), which were purchased on April 18, 1940, the “G et al. 36 persons” as new taxpayers, and 37 persons, including G, as co-owners of the instant land.

C. On July 15, 1935 regarding the instant land, H entered the protocol of incorporation into a reserved forest as the owner, and on September 7, 1936, concerning the first group 2 books among the instant land, the local official document was implemented to be incorporated into a reserved forest as the J of the Department of Joseon General, the Gyeonggi-do Public Notice on September 7, 1936.

G died on June 21, 2016, and G’s spouse Q and children, as well as R, and S.