beta
(영문) 서울중앙지방법원 2015.02.10 2014나21754

소유권확인

Text

1. The judgment of the first instance is revoked, and the plaintiff's main claim is dismissed;

2. An objection to the trial;

Reasons

1. Whether an appeal subsequent to subsequent completion is lawful, the court of first instance rendered a favorable judgment against the defendant on September 27, 2013 by serving a notice of the date of pleading by public notice, and rendered a favorable judgment against the plaintiff on September 27, 2013, and served the original copy of the judgment to the defendant by means of service by public notice, and the defendant was aware of the fact that the judgment of first instance was rendered immediately after March 25, 2014. The fact that the defendant filed an appeal subsequent to subsequent completion of the appeal of this case on April 1, 2014 is clearly recorded or recognized in accordance with the purport of all pleadings. Accordingly, the failure of the defendant to observe the peremptory period of appeal is due to any cause not attributable to the defendant, and thus, the appeal arising from subsequent completion of the case filed by the defendant within two weeks from the time the judgment of first instance became served by public notice is lawful.

2. The principal lawsuit and counterclaim shall also be deemed to be filed.

A. On June 19, 1965, I completed the registration of ownership transfer with respect to the land of this case in accordance with the Act on Special Measures for the Registration, etc. of Ownership of General Farmland (Law No. 1657, Sep. 17, 1964; hereinafter “Special Measures Act”). N on September 7, 1978; J completed the registration of ownership transfer with respect to the land of this case in the order of March 12, 199.

B. In Ansan-si, C forest land 2,479 square meters (hereinafter “C land before division”) was originally under the circumstances of theO. Since P with respect to C land before division completed the registration of ownership preservation on April 12, 1985, the Defendant completed the registration of ownership transfer on December 28, 198 through Q, the Defendant, and R in sequence.

C. On October 26, 2012, the instant land:

6. In restoring a partitioned and de facto official cadastral record due to a 25 war, unlike drawings and accumulations, it overlaps with C’s land prior to partition owned by the Plaintiff, F-based forest land of 31,607 square meters (hereinafter “F-land”) and 92 square meters prior to G in Ansan-si owned by E (hereinafter “G land”).