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(영문) 서울고등법원 2015.11.03 2015나2015076

손해배상청구의 소

Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

The Defendants are individually the Plaintiff.

Reasons

1. Basic facts

A. Prior preservation registration and Plaintiff’s transfer registration 1) 5 franite of 9 forest land B in Ansan-si (2,850 square meters, hereinafter “the forest land before division of this case”).

(1) On December 12, 1917, the Defendant Republic of Korea was assessed against the Defendant Republic of Korea, and on March 9, 1929, the ownership was transferred to ASEAN, and on November 8, 1952, registration of preservation of ownership (hereinafter “registration of preservation of ownership”) was made in the name of ASEAN-si C with respect to the forest land before the instant division.

2) On February 26, 1991, the registration of the instant forest was completed on the 6th six parts of the D Forest (1,950 square meters; hereinafter “D forest”), the 2nd part of E forest and 2nd part of E forest (hereinafter “E forest”) and the 8th part of F forest and 3th (240 square meters; hereinafter “F forest”) respectively. On the same day, D forest and 6,744 square meters in G orchard, E forest and 2,182 square meters in E forest and 793 square meters in E field and F forest and 793 square meters in size, respectively.

3) However, on December 15, 1957, the forest and E forest are divided into D forest and E forest and on February 18, 1978, and on February 18, 1978, the Plaintiff’s assistance unit was converted into 2,182 square meters. 4) On October 5, 1952, the Plaintiff’s assistance unit purchased the forest and E forest before the instant division from Asan-si on December 5, 1952, and completed the registration of ownership transfer under his name with respect to the forest and E forest before the instant division.

The Plaintiff completed each registration of transfer of ownership on the ground of testamentary gift on February 26, 1991, No. 4067, which was received on February 26, 1991, with respect to D forest, E forest, and F forest divided from the forest before the instant division.

B. The preservation registration and the transfer registration of ownership by J 1) the Republic of Korea prior to ASEAN 516 square meters (hereinafter “K”).

The registration of preservation of ownership in the name of Asan City C (hereinafter referred to as the “registration of preservation of ownership”) under the title of Asan City, No. 5808, Oct. 5, 1959, as to the Daejeon District Court’s Masan District Court’s Masan Branch Office.

A. The completion was completed.

Then, the receipt No. 6981 of the same month was issued on the 26th of the same month.