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(영문) 의정부지방법원고양지원 2020.07.16 2019가단100809
소유권보존등기말소
Text

On July 2017, 2017, the defendant filed with the plaintiff with respect to the 50281 square meters of C forest land in Pakistan-si.

Reasons

Basic Facts

A. According to the forest survey report drawn up on the Japanese occupation point period, the forest land survey report was found to be owned by Nonparty D (Secheon-gun Egra), Nonparty D (Secheon-gun Egraeg in Silcheon-gun in Silcheon-gun in Gyeonggi-do, the Gu lot number of which is approximately KRW 50281 square meters; hereinafter “previous forest”).

B. On July 26, 1927, the record of incorporation into a reserved forest examined on July 26, 1927, stating that the owner of the previous forest is G residing in Friju-gun of Gyeonggi-do, and that two-seven parts of the previous forest should be incorporated into a reserved forest.

C. According to the Joseon General's Doctrine General's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Doctrine's Ha

6.25 War, both the registry and the forestry register concerning the previous forest were destroyed, and thereafter the forestry register with respect to the previous forest was restored, and the forest land register with respect to the owner’s disturbance was 50281m2 (hereinafter “the forest of this case”), subject to the change of administrative district, and the Defendant completed registration of preservation of ownership on July 28, 2017.

E. The Plaintiff’s father-I was born in the GJ of the Gun of Gyeonggi-do, and died on March 14, 1979, and his heir is his spouse K, children L, the Plaintiff, and the son.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 1 of the Sejong Forest Order (amended by Presidential Decree No. 10 of Jun. 20, 191) provides that “If it is deemed necessary for the security of national land, the prevention of danger and injury, the cultivation of water sources, the goal of navigation, the public hygiene, fishing, or scenic view, the cream may be included in a reserved forest.” Article 9 of the Enforcement Rule of the Sejong Forest Order (amended by Presidential Decree No. 13588, Jun. 20, 191) provides that “The incorporation of a reserved forest shall be designated as an area and announced in the Official Gazette of the Joseon Forest Department.” Article 9 of the Sejong Forest Order (amended by Presidential Decree No. 1010, Aug. 31, 191) provides that “The incorporation of a reserved forest shall be designated as an area and announced in the Official Gazette of the Sejong Forest Department.”

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