부동산 불법 취득에 관한 무효청구의 소
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Although there is a little difference in the entry of 10,314 square meters of forest land B in Namyang-si, Namyang-si, a forest survey report prepared in the Japanese colonial era, it does not affect the conclusion of the instant case, it shall be entered on the basis
(hereinafter referred to as the “instant land”) owner’s column shall be “State”, and as for the relative column, the name and address of the network C shall be indicated in the column, and as for the non-specing column, it shall be in the blank, and as for the forest land, C shall be indicated in the forest land section.
B. The cadastral record on the instant land was destroyed due to the Korean War, and was restored to the cadastral record on December 31, 1966, but the owner was unexpliced, but the ownership was registered under the name of the defendant (Korea Forest Service) on September 5, 1986. On the same day, registration of preservation was completed in the name of the defendant (the Korea Forest Service) in the copy of the real estate register on the instant land.
C. The Plaintiff is the former heir of the deceased C. D.
On March 6, 1995, the Plaintiff filed a lawsuit claiming the cancellation of registration of ownership transfer in the name of the Defendant, which the deceased claimed as the actual owner of the instant land and filed a lawsuit claiming the cancellation of registration of ownership transfer in the name of the Defendant, preliminaryly, due to the completion of the prescriptive acquisition, with respect to the co-inheritors who received the transfer of ownership from the deceased Cho, and the said judgment became final and conclusive on November 7, 1996.
(1) The court below's judgment of the court below in this case (hereinafter "the court below's judgment of the court below in this case") 1. The court below's judgment of the court below in this case 201 delivered on October 9, 196 1. The court below's judgment of the court below in this case 1. 1. 1. 2. 1. 1. 1.
2. The plaintiff's assertion
A. Since the instant land was owned by the deceased as it was caused by the network C, it is owned by the deceased, the Plaintiff, who is the inheritor of the deceased.
B. However, the defendant (Korea Forest Service) does not belong to any of the subparagraphs of Article 65 of the Registration of Real Estate Act.