손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C completed the registration of ownership transfer on February 13, 1957 with respect to the forest of this case by destroying and restoring the forest of this case, and D completed the registration of ownership transfer based on sale and purchase on May 14, 1970. The Plaintiff completed the registration of ownership transfer based on sale and purchase on April 26, 1974 with respect to the forest of this case.
B. Meanwhile, there is a certified copy of the register with respect to the forest of this case, but there is no book of forest register.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. As long as the ownership transfer registration, etc. was completed with respect to the forest of this case by the Plaintiff’s assertion, the Defendants neglected to keep and manage the cadastral record of the forest of this case and the forest of this case, even though they prepared and managed the forest of this case in a proper manner. In particular, even though the Defendants should restore the land of this case in accordance with due process while performing cadastral restoration with respect to the land of this case on August 30, 1971, the Plaintiff could not exercise the ownership of the forest of this case due to the wrongful restoration into the Gyeonggicheon-gun E Forest of this case. Thus, the Defendants, as joint tortfeasor, were liable to pay the Plaintiff the amount equivalent to the royalty of the forest of this case, which is part of the amount equivalent to the forest of this case for 10 years retroactively from the date of filing the lawsuit of this case, and the amount calculated by the rate of KRW 5 million from the date of the lawsuit of this case to the completion of cadastral restoration with respect to the forest of this case.
B. In a case where no land is registered in the cadastral record, the land cannot exist or be identified as a group of land, unless there exist any special circumstances (see, e.g., Supreme Court Decision 92Da2202, Jul. 24, 1992); and the Chief Justice of the Supreme Court, Oct. 15, 1952.