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(영문) 서울중앙지방법원 2014.05.22 2013나48158

소유권보존등기말소

Text

The judgment of the first instance shall be revoked.

The Defendants are with respect to each of 1/4 shares out of 1,854 square meters of forest land in Gwangju City.

Reasons

1. Facts of recognition;

A. On July 28, 1919, the forest survey report under the Joseon Forest Order was written by G, the Plaintiff’s increased portion of the G, as the owner who was in the assessment of the Gyeonggi-gu Busan-gun Forest Land 3rd 8 U.K. (hereinafter “the forest before the instant division”).

B. G: (a) on July 31, 1937, G was killed in South-Nam, South-Nam L, and Samnam N, and (b) on July 31, 1937; (c) on the death of South-Nam (n) at the time and the death of South-North (neither children) and M, an son of the next South-North L,

C. On January 11, 1968, the forest land before the instant subdivision was registered as the registration of ownership preservation in the name of N (hereinafter “registration of ownership preservation”) under the receipt of No. 3142 on March 19, 1970, by the owner of the Suwon District Court Gwangju District Court’s Office of Registration on March 19, 1970, as the method of the “Correction of the Name of Address” correction.

On February 2, 1981, the forest land prior to the instant division was divided into 2,667 square meters of F forest land in Gwangju-gun, Gyeonggi-do, 934 square meters of forest land, and 168 square meters of J forest. On February 28, 1984, the forest land 2,667 square meters of F forest land in Gyeonggi-do was divided into 1,854 square meters of forest land (hereinafter “instant forest”) and 813 square meters of K forest. The 1934 square meters of I forest land in Gyeonggi-gun, Gyeonggi-do was divided into 190 square meters for T on April 9, 199, while the 168 square meters of J forest was registered for T on February 22, 1981; and the 813 square meters of K forest and forest to T on April 9, 1990.

E. Meanwhile, in the forest land prior to the instant subdivision, the 5th group of 5th group of 8th group of 197,521 square meters of O forest land (57,521 square meters of 57 square meters, the form of the forest land prior to the instant subdivision, or any form of the forest that is not actually distinguishable from that of the forest land, or the naturally formed lawsuit among them, are divided into two lots) of 5th group of 198 (the said forest was divided into two lots). The said forest land was corrected into N through the procedure for correcting the name and address of the forest land prior to the instant subdivision, as in January 11, 1968, and the name of the owner in the forest register was corrected into N around August 1, 1970 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111).