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(영문) 춘천지방법원강릉지원 2019.10.29 2018나32590

소유권말소등기

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As to D forest land 13920 square meters (the land category was changed to a sports site on January 14, 2004), the Defendant Republic of Korea completed the registration of ownership transfer as 1010 received on December 18, 1987 by the Chuncheon District Court, Samcheon District Court, Samcheon District Court, as 1010, the Defendant Company B, as 8167, received on July 26, 2002 by the same registry, and the Defendant C Co., Ltd, as 8636, received on July 8, 2005 by the same registry.

B. Meanwhile, D land was divided into D sports site 1352 square meters (hereinafter “instant land”) and 368 square meters for E land at the time of Samcheon-si on June 25, 2007, when the said land was divided into three times before the said partition.

[Ground of recognition] A without dispute, entry of evidence No. 8, purport of the whole pleadings

2. The Plaintiff’s assertion is indicated as the Plaintiff’s “Private Ginseng Map” in the “Private Ginseng Map 8, 99, 18, 5 members of the Gangwon-do Government Forest 8, 199, 18, 200. This is related to the instant land. Since the instant land was owned by the Plaintiff’s increased portion of the Plaintiff, and was inherited by the Plaintiff alone, registration of preservation of ownership in the name of Defendant Republic of Korea and registration of ownership transfer in the name of the other Defendants

Therefore, the Defendants are obligated to cancel each of the above registrations, which are null and void of the cause, and the Plaintiff has a benefit in filing a lawsuit against the Defendant Republic of Korea to seek confirmation of the Plaintiff’s ownership along with cancellation of the above registration

3. Determination as to the cause of action

A. Article 19 of the Addenda of the Forestry Management Act (Law No. 1908, Jan. 24, 1908) provides that “The owner of a forest mountain field shall report to the Agricultural and Fishing Complex Co., Ltd. within three years from the date this Act enters into force, along with a rough map of the area of the cadastral salary of the forest field within three years from the date of entry into force of this Act, and any person who fails to report within the period shall have the total state-owned interest.”

In addition, according to Article 19 of the Addenda to the Climin Act, only the forest land reported shall be in accordance with the classification standards for state-owned reasons, as prescribed by the classification standards for state-owned reasons.