소유권이전등기
1. Revocation of the first instance judgment.
2. The Defendants share 1/4 of H forest land 5,153 square meters in Gyeonggi-do to the Plaintiff.
1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is by the main text of Article 420 of the Civil Procedure Act
An abbreviationd name established in the judgment of the first instance is also used below the same.
2. Determination on the cause of the claim
A. In a case where registration of preservation of ownership has been made pursuant to the Act on Special Measures for the Management of Relevant Legal principles, there are separate persons in charge.
Even if the registration is made in the name of another person prior to the registration in the forestry register, such registration shall be presumed to be made in accordance with the substantive legal relationship, as it is completed in accordance with the lawful procedures prescribed in the above Act. Therefore, a person who intends to file a lawsuit for the cancellation of registration of preservation of ownership completed under the above Act was the title holder of the registration of preservation of ownership prepared or forged a false certificate of guarantee and a written confirmation
for any other reason that the registration of preservation was not lawfully made, and that such registration was not made for such other reason must be proved.
(1) According to Article 2 subparag. 1 of the former Act on Special Measures for the Disposal of Property Belonging to the Republic of Korea (amended by Act No. 1346), Article 2 subparag. 1 of the former Act on Special Measures for the Disposal of Property Belonging to the Republic of Korea (amended by Act No. 1346), and Article 5 of the first Agreement on Finance and Property Between the Republic of Korea and the United States, the ownership of property within the jurisdiction of the United States Armed Forces is owned by the Government of Japan and Japan since August 9, 1945 (see, e.g., Supreme Court Decision 92Da8965, Sept. 11, 1948). According to Article 2 subparag. 1 of the former Act on Special Measures for the Disposal of Property Belonging to the Republic of Korea and Article 5 of the Addenda, the ownership of property devolving to the State by December 31, 196, including State property devolving to the State (see, e.g., Supreme Court Decision 60Da7897, Jul. 6, 97).