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(영문) 서울중앙지방법원 2016.01.12 2015가단5017640

소유권말소등기

Text

1. For the plaintiffs:

A. Defendant Republic of Korea: (1) As to each of the 1/5 shares of F forest land 2,030 square meters in Gwangju City.

Reasons

1. Determination on the cause of the claim

A. (1) Fact-finding (1) The GJ of the land condition of each of the instant lands was 614 square meters (2,030 square meters, after Gwangju-gun, Gwangju-gun is reorganized into Gwangju-si; hereinafter the same shall apply) prior to the F of Gwangju-gun, Gwangju-gun 2,594 square meters (hereinafter “the land of this case No. 2”), and Gu-gun Gun I Forest Land Survey (hereinafter “the land of this case No. 3”) respectively.

(2) On October 1, 1971, the registration of ownership preservation process for each land of this case and the current status of the cadastral record (A) land of this case No. 1 was changed to the forest land category (the change from the previous land to the forest land), and the owner was not restored, and the defendant Republic of Korea has completed the registration of ownership preservation as of July 30, 1980 for the above land as the receipt No. 8156.

(B) On November 15, 1957, the land of this case was divided into 308 square meters, 50 square meters, 500 square meters, 452 square meters, and 1,334 square meters prior to the G, and the previous G 308 square meters (hereinafter “former G land”) was divided into 164 square meters prior to G (542 square meters; hereinafter “G land after division”) and 144 square meters prior to H (46 square meters; hereinafter “H land”) and 500 square meters prior to G, M 452, 1, 34 square meters prior to G, and 2,286 square meters, and the Republic of Korea received registration of ownership preservation from the G, under the Ordinance of the Gwangju District Court, 169, 196, 195 and 44 square meters prior to G, under the Ordinance of the Ministry of Culture and Forestry.

(C) The land under Article 3 of the instant case is maintained in the state of unclaimed land by its owner. The Defendant Republic of Korea completed registration of preservation of ownership on the said land (U.S. I. 893 square meters) by the Sungwon District Court, Sung-nam Branch Office of Gwangju Branch on September 18, 1996, the receipt of receipt No. 43789 on September 18, 1996, and thereafter, the Defendant Gyeonggi-do District Court as to the land