Main Issues

The case reversing the judgment of the court below which held that if a registered titleholder of registration of preservation of ownership made under the Act on Special Measures for the Registration, etc. of Forest Ownership has failed to acquire the forest and field, and the fact that he refused to issue a certificate can be recognized, etc., the presumption of presumption was not reversed even if the registration was reversed, or there was an error in the misapprehension of legal principles as to the validity of registration under the above Act

Summary of Judgment

The case reversing the judgment of the court below which held that if a registered titleholder of registration of preservation of ownership made under the Act on Special Measures for the Registration, etc. of Forest Ownership has failed to acquire the forest and field, and the fact that he refused to issue a certificate can be recognized, etc., the presumption of presumption was not reversed even if the registration was reversed, or there was an error in the misapprehension of legal principles as to the validity of registration under the above Act

[Reference Provisions]

Article 186 of the Civil Act; Article 10 of the Act on Special Measures for the Registration, etc. of Forest Ownership; Article 187 of the Civil Procedure Act

Plaintiff-Appellant

The name of the designated party;

Defendant-Appellee

Kim Dong-dong et al.

original decision

Seoul Civil District Court Decision 90Na8304 delivered on December 21, 1990

Text

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

Reasons

According to the reasoning of the judgment below, the court below rejected the Plaintiff’s claim on the ground that: (a) the Plaintiff’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 5’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s non-party 1’s title 1’s non-party 1’s non-party 1’s title.