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(영문) 의정부지방법원 2014.03.18 2013구합1947

지적공부복구신청거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The forest survey report prepared in the Japanese colonial era is written as the owner of the land set forth in the 77th unit of the Gyeonggi-gu Forest land B (hereinafter “the forest of this case”).

(b) thereafter;

6. Around September 20, 1963, Gyeonggi-do’s cadastral record was destroyed due to a disaster. On September 20, 1963, Pyeongtaek-gun: (a) deemed that the instant forest was divided into the said D or E forest; and (b) on the basis of the Do forest management ledger that Gyeonggi-do purchased the said D or F forest, a private forest, around 1931, the owners of the said D or F forest, as Gyeonggi-do, and the owners of E forest, as C, prepared a book-type cadastral record stating each of the said D or F forest owners.

C. On November 20, 1963, registration of preservation of ownership in the name of Gyeonggi-do was completed with respect to the above D or F forest. However, regarding E forest land, it remains unregistered until now.

On October 10, 197, in the course of entering the existing book-type book on the above D or E forest into the card-type book for the forest, since the boundary of each forest could not be determined, the card-type book for the forest of this case (hereinafter referred to as the “instant book-type book”) was prepared only with respect to the forest of this case without undergoing the land annexation procedures, etc., and currently the owner’s column in the book-type book of forest of this case stated “land to be restored” as “land to be restored.”

E. On June 19, 2013, the Plaintiff applied for restoration of the cadastral record (forest register) to the Defendant on June 19, 2013 refers to the Defendant’s lawful restoration of the book-type book stating C as the owner in relation to the instant forest in Pyeongtaek-gun, and based on the false afforestation plan, etc. written in Gyeonggi-do, “B” in the above book-type book-type book-type: (1) “B” in the lot number column; (2) “52 group eight group report” in the cadastral column “7 group report”; (3) on the left side of the “assessment” column; and (4) the owner’s column “C”.