[2] In a case where Gap forest and field were circumstances under the name of "Yeule" under the Forest Survey Ordinance, and the identity of "Yeuleule" and "Yeuleule Society" composed of the residents of "Yeulei" and "Yeuleuleule" composed of "Yeulei" and "Yeuleuleb", the case holding that Gap forest and field belong to the collective ownership of a community comprised of all residents in the natural village located in "Yeulei" and "Yeuleuleri" at the time of circumstances, and that in light of all the circumstances, it is reasonable to see that "Yeul" and "Yeuleuleul" which are the names of forest and field, are the same as each other, the judgment below

[2] The case holding that the judgment below erred by misapprehending the legal principles as to the community of residents and non-corporate groups in the judgment below, on the ground that, in case where the forest land Gap was circumstances under the name of "Yero" under the Forest Survey Ordinance, and where the identity of "Yero", which is the name of the forest land, and the "Yero Village Association" composed of the residents of "Yero" and "Yero Ri", which is the administrative district of "Yero" and "Yero Ri" composed of the residents of "Yero Ri" and "Yero Ri", which are the residents of "Yero Ri", and "Yero Ri", which are the residents of "Yero 2", at the time of the circumstance of the forest land, exists only the natural village located in "Yero 1" and "Yeero 2, which are the current administrative district at the time of the situation, and considering all the circumstances, it is reasonable to view that the forest land belongs to the collective ownership of the community of residents and non-corporate groups.

1. If any forest land was under the name of Dong or Ri under the Forest Survey Order under certain conditions, such forest land shall not merely refer to the administrative district, unless there are other special circumstances, but it shall be deemed that the community of residents with the same name as the administrative district is a non-corporate association consisting of residents living in the administrative district. Such community of residents shall be deemed to have a community of residents with the whole of the residents who are members of the community of residents and move from other areas naturally and become members of the community of residents and move to other areas at the same time as the relocation of the residents and at the same time, the community of residents shall not be naturally extinguished due to the change in the administrative district (see Supreme Court Decision 2008Da24081, Nov. 13, 2008, etc.).

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

A. The area from the outside of the mountain of Cheongju-gun, and from around 1750 to around 1776, the 1789 was created, and the 1845 was integrated into cremation (the 11th anniversary of the Constitution). The cremat was divided into cremation villages, Mai-ri, Mai-ri, Mai-ri, Mai-ri-ri, and Mai-ri-dong in around 1910, and the 1914 administrative district was incorporated into North Korea. The part of the Mai-ri-ri was incorporated into the Mai-ri-ri area, and the remainder was turned into the Mai-ri-ri area. North Korea was turned into the 200-do Eup around 200.

B. On March 30, 1918, 1918, the forest land of this case (hereinafter “the forest of this case”) was under the name of “Aero” in accordance with the Forestry Investigation Ordinance. At the time of the above circumstances, only the residents live in the natural village located in the 1st and Yero 2 Ri, and the natural village located in the Yero 1st and Yero 2st, on the current administrative district, the forest land of this case was under the name of 9,974 square meters (hereinafter “the forest of this case”). However, from the example, the forest of this case was not under the name of “Aero 1”, “Aero 2” or “Aero 2” respectively.

C. On the other hand, Aerogian is located in the westwest, and since the original 2-gylon was incorporated into the Air Force Airfield around 1976, part of the residents have disappeareded to 2-ri, and their residents have moved to the north of Yero 2-ri in around 1980, making up Yero 3-ri. In this area, the said area is called as the “gylonite” according to the name of the place of residence before the said relocation. Meanwhile, in around 1999, Gero 4 was called as the “Yerog apartment complex,” the “Yerog apartment complex,” the “Yero 5” complex, and the “Yero 6” apartment complex, each of which was constructed, around 2001, and the “Yero 201” complex.

D. At the time of the closing of argument in the lower court, the number of household units and the number of population of 150 households of cereale 1 to 60 households of cereale 60, 201 households of cereale 83 households of cereale 201, 201 households of cereale 83 households of cereale 50 households, 114 households of cereale 714 households of cereale 714 households of cereale 714 households, 1,334 households of cereale 50 households of cereale 530 households, 1,523 households of cereale 60 households

E. The instant forest land has been used by the residents of Gae-1 and Gae-2, such as using a fire fighter in the instant forest, allowing village residents or other people to build graveyardss on the instant forest land, and using it as a village fund with compensation. The number of graves installed on the instant forest land at the time of the closing of argument in the lower court is 53 times.

F. On August 19, 2008, the residents of Gaei-ri and Gae-2 held a general meeting on the name of the organization on the one hand, setting the rules of the Gae-ri Village Association and clarifying the purpose of establishment, representative, members, general meeting and matters for resolution, etc., and the representative elected the Nonparty, who is the head of Gae-2 Ri. After that, upon the occurrence of any defect in convening procedures, etc. from some residents of Gae-i-ri and Gae-2, the general meeting was held on August 3, 2009 and confirmed all the resolution by the general meeting on August 19, 2008 among the residents of 201.

G. Article 3(1) of the Rules of the Plaintiff’s Village Association provides that “Any person who resides in the old fluoral fluoral fluor, the old fluor, the old fluoral fluor, the fireworks fluor, and the director of the above village and resides in the above village shall become a member of the village conference and shall be the subject of the rights and obligations provided for in this Code,” and Article 3(2) of the Rules provides that “if a director is located in the eluoral village (fluor, the original fluoral fluor, the flowers fluor) and is a member of the village conference, he/she shall be deemed to be disqualified as a member of the village conference

3. We examine the above facts in light of the legal principles as seen earlier.

The circumstances of the instant forest land do not merely refer to the administrative district, but it refers to the community of residents using the same name as the administrative district, which is an association consisting of non-corporate residents residing in the administrative district. However, at the time of the occurrence of the situation on March 30, 1918, the instant forest land belongs to the collective ownership of the community of residents consisting of all residents residing in the natural village, which is located in the current administrative district, i.e., e., e., i., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., g., e., g.

Although the 1980s newly formed Gae3 or Gae6 Ri, it is difficult to view that the residents of Gae3 or Gae6 Ri divided into separate administrative districts form the community or form the same nature for the sake of common convenience and welfare with the residents of Gae 1 and Gae 2, in light of the timing and circumstances of the formation of Gae3 or Gae 6 Ri, its regional basis, the composition of the residents, and the form of living.

Meanwhile, since the forest land in this case was considered in the name of the cereale, there are circumstances where the residents of Gae 1 and Gae 2 did not have a decision-making agency, an executing agency, and a representative of the community of residents for a considerable period of time after the forest land in this case was circumstances. However, such circumstance alone alone cannot be deemed natural extinction of the community composed of the entire residents of Gae 1 and Gae 2. The residents of Gae 1 and Gae 2 determined the name of the organization through the resolution of the general assembly around August 19, 2008 and August 3, 2009. Meanwhile, in light of the provisions of Article 3(1) and (2) of the Rules of the community of Korea and the scope of members present at the general meeting, it is sufficient to view that the Plaintiff is identical to the community of Gae 1 and Gae 2 with the entire residents of Gae 2.

Therefore, it is reasonable to view that the “Yeei” and the Plaintiff, a title holder of the instant forest land, are identical to each other.

Nevertheless, based on the circumstances indicated in its reasoning, the lower court determined otherwise by: (a) it is difficult to deem the Plaintiff as having the substance as a non-corporate group at the time of the instant forest land’s assessment; and (b) it cannot be deemed that the Plaintiff, composed of the residents of Gaei-ri and Gae-2, an administrative district, was the same as the “Iei-ri,” the name of the circumstances. In so determining, the lower court erred by misapprehending the legal doctrine on the residents’ community and non-corporate

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ko Young-han (Presiding Justice)