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(영문) 서울중앙지방법원 2019.10.15 2019가단13061

소유물반환청구 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C A. On March 31, 1926, upon the death of 1926, D, an alien, succeeded to the property solely, and D, upon the death of son on August 2, 1942, upon the sole inheritance of son E, through F, etc., finally, on February 8, 2002, there was an agreement on division of inherited property to be owned solely by the Plaintiff, who was the next hand, owned the inherited property.

B. According to the Joseon Forest Survey Decree (Ordinance No. 5 of the Joseon General Decree on May 1, 1918), G was changed on March 24, 1924 to the "Tai-si Ldong in Thai-do," after the Samyang-gun in Gangwon-do on March 24, 1924.

The term "Ldong" regardless of whether it is before or after the change in the administrative district.

임야 1,333,300평의 소유자를 국(國)으로 사정하였고(이하 ‘이 사건 사정’이라 한다), C은 이 사건 사정에 대하여 임야조사위원회에 국왕이 이 사건 청구취지에 적은 임야를 포함한 강원도 삼척군 I면 전부의 산판(山坂) 주위 100여리의 땅(이하 ‘이 사건 하사토지’라 한다)을 C의 선대들인 J, K에게 하사한 사패(賜牌) 및 교서(敎書)가 존재하고, C 및 그의 선대들이 이 사건 하사토지를 점유관리하였다는 이유로 불복신청을 하였으나, 1926(대정15년). 3. 17. 불복신청이 각하되는 재결을 받았다

(hereinafter “instant adjudication”). C.

H Forest land 1,33,300 square meters (hereinafter “instant forest”) was partially 5,519 square meters (hereinafter “the instant forest”) of B forest land in Taecheon-si stated in the purport of the instant claim following division, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 59 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The Plaintiff’s assertion 1 was originally handed down by J, K, and K from the king, the Plaintiff’s land of this case, and G was in custody of J and K, as the land of this case was assessed to the State according to the Forest Survey Ordinance during a certain period of time.