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(영문) 수원지방법원 2007.01.12 2004가합15228

소유권확인

Text

1. Claim for registration of ownership preservation in the instant lawsuit and claim for ownership confirmation on the land indicated in the attached list No. 4.

Reasons

1. Basic facts

A. In the Forest Survey Division prepared in the Japanese colonial era, H is written as the owner of a single 1 set table (764,628m2, hereinafter “the instant forest”) in the 77 Gamba-gun, Gyeonggi-gu, Gyeonggi-do.

B. He died on December 10, 1969, and succeeded to H, as the head of South and North Korea, I, as the inheritor of Australia, and I succeeded to H. On March 25, 1989, I died and succeeded to I solely by the plaintiff A, who is a child, who died on March 10, 1969, and the J succeeded to L, who is the husband of the non-party K, the plaintiff B, C, and the married couple, the husband of the non-party B, the plaintiff C, and the married couple. On November 24, 1975, K succeeded to K, the plaintiff B, the inheritor of Australia, and L died on January 19, 197, and caused the plaintiff D, the plaintiff D, the E, and F, the child of the plaintiff, the heir of the deceased on March 25, 199. In accordance with the above inheritance relationship, according to the inheritance relationship of the plaintiffs as shown in the attached list of shares in H's respective inheritance.

C. Meanwhile, on the other hand:

6. When all the official cadastral records of Gyeonggi-si were lost due to the incident on September 25, 193, the competent authorities entered the land of this case in the separate sheet (hereinafter “each of the instant land”) on the basis of the Do forest management ledger (No. 5-1, 2) that Defendant’s supplementary intervenor (hereinafter “ Gyeonggi-do”) purchased the land in the separate sheet No. 1 through 3 on September 1931, 193, and the land listed in the separate sheet No. 1 through 3 was divided into “this case’s forest land” and “No. 2” in the separate sheet, and the land No. 1 through 4 on September 20, 1963 was entered as the land of this case in the separate sheet No. 1 Gyeonggi-do and the forest of this case No. 2 on September 20, 1963, and thereafter, the land of this case was unregistered in the name of Gyeonggi-do on November 1, 1963.

As above, the forestry cadastral book for each of the instant lands was restored, but the forestry cadastral map was not restored due to the lack of restoration data.