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(영문) 부산고등법원(창원) 2016.09.01 2015나21946

소유권확인

Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. Troop 32-1 Forest land 3,208.

Reasons

1. Basic facts

A. The plaintiff is a juristic person established with the approval of the Do governor on March 5, 1962 in order to manage the forest of this case, forestation, and conduct other businesses pursuant to Article 53 of the former Forestry Act (amended by Act No. 1268 of Feb. 9, 1963), and its members are six neighboring villages in the above forest (a fish village, stone village, stone village, river village, mountain village, mountain village village, gold village).

B. On January 30, 1964 regarding the forest of this case, the ownership transfer registration was made based on the transfer on January 1, 1964 in the name of the special account for the Tae Chang Military Educational Expenses.

C. From around 1968 to around 1971, the Plaintiff allocated seedlings free of charge from the Tae Chang-gun Forestry Cooperatives for about 15 days each year after planting trees, and planted fallen leaves, fladine trees, fladine trees, fladine trees, and fladine trees in the instant forest.

As of May 1, 1971, in full view of the testimony of the witness A of the Sin Chang-gun Office of Education of this case as of 208,50, 198,500, 199,000, 42,000, 42,000, 200, 208, 208,50, 19,500, 19,000, 42,000, 19,000, 208, 208,50, 19,000, 20,000, of the forest of this case, is included in the item of the entrusted forest report of this case. However, it is recognized that the forest of this case was composed of 208,50,00, 19,000, 19,000, 19,00,000, of the forest of this case.

(C) In accordance with Article 59 of the former Forestry Act (amended by Act No. 2525, Feb. 16, 1973; hereinafter “instant entrustment contract”), the following terms and conditions of the contract were jointly confirmed, and the agreement was entered into under Article 59 of the former Forestry Act (amended by Act No. 2525, Feb. 16, 197).

Trust Forest Profit Distribution Contracts

1. The location of forest: 32-1 erogic sul-gun, Gyeongnam-gun;

5. Types entrusted: Afforestation and management; and

7. Profit sharing ratio: 30% of the allocation rate of afforestation service and 40% of the management service allocation rate.