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(영문) 수원지방법원여주지원 2015.03.26 2014가단30584
소유권말소등기
Text

1. It is confirmed that three square meters of B forest land in Leecheon-si are owned by the Plaintiff.

2. The defendant shall provide the plaintiff with the real estate mentioned in the above paragraph (1).

Reasons

1. Basic facts

A. The Forest Survey Division concerning the 8th 6th Y of Gyeonggi-gun C Forest Survey Division concerning the 3rd 8th Y of Gyeonggi-gun, the address is omitted if the owner’s address and the location of the land are identical in preparing the Forest Survey Division D and E, E, the forest survey division (hereinafter “D”) is registered as the owner.

On the other hand, the cadastral record on the above land was destroyed in the 625 column.

B. One report on forest land B in the Gyeonggi-do, Leecheon-gun (hereinafter “instant land”) is deemed to be three square meters of B forest land and 3 square meters of B forest land in the Dong-gu, Leecheon-gun due to

(ii) the land was divided into the 8th parallel 6th parallel 8th parallel 3 forest land in Echeon-gun, Gyeonggi-gun.

C. D’s death in around 1934, following D’s death, D’s property was succeeded to D’s children F, and F’s death on June 18, 1985, F’s property was succeeded to by G(F’s children and death around 1977).

However, on June 13, 1996, the Defendant completed the registration of preservation of ownership of the instant land (hereinafter “registration of preservation of ownership”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, evidence 5-1 to 3, purport of the whole pleadings

2. Determination

(a) A person who is registered as an owner in the Forest Survey Division on the cause of a claim shall be presumed to have been determined as the owner of the land and shall acquire the land in the original condition inasmuch as there is no reflect that the assessment has been changed by an adjudication.

The forest survey board for the above 1-A real estate is registered as the owner in the forest survey board for the above 1-A real estate. The land of this case is divided from the real estate stated in the above 1-A, and D's property was inherited by the plaintiff via F. The defendant completed the registration of preservation of ownership of this case on the land of this case as seen earlier. Thus, barring any special circumstance, D is presumed to have become final and conclusive on the ground that it was presumed that the above 1-A real estate was the circumstance of the above 1-A real estate.

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