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(영문) 춘천지방법원 2016.06.09 2015가단54045
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to Gap evidence 1-1, 2, 3-1, 2, 4-1 through 4, 5-1, 5-3, and 6-1 through 3, and there is no counter-proof.

On January 20, 1971, the non-party F, who resides in E, was the owner of the land in the forest land register of 16,165 square meters (hereinafter referred to as the “instant real estate”).

B. On August 7, 1975, G died of Nonparty 1, Nonparty 1, and Nonparty J, the spouse of the G, and Nonparty 1 was inherited on December 15, 197, and Nonparty I was inherited on December 15, 197. Nonparty I terminated the period of disappearance on January 30, 2013, and Nonparty I was determined by the adjudication of disappearance on July 11, 2015, and was inherited by Plaintiff A, Plaintiff 2, and C, the spouse of the Plaintiff.

2. Determination

A. The plaintiffs asserted that the real estate of this case is owned by the non-party F, and thus, the plaintiffs who inherit the real estate of this case from the non-party F, H, and I in sequence seek confirmation as to whether they own the ownership of the real estate of this case.

B. At the time of the enforcement of the former Cadastral Act (amended by Act No. 2801 of Dec. 31, 1975), there was no procedure for restoring the destroyed forest register, and thus, it cannot be deemed that the original forest register restored by the competent administrative authority for administrative convenience is legally restored to the original forest register (the original forest register restored by the report of the general public and there is no basis for stating the owner according to the details of the report). Therefore, the entry of the owner’s name cannot be a document proving the ownership ownership attribution.

(see, e.g., Supreme Court Decision 2010Da45944, Nov. 11, 2010). According to the above facts, even if a cadastral restoration was made as owned by F on January 20, 1971 in the forest register for the real estate of this case, it is insufficient to recognize that it was owned by F, and it is insufficient to recognize that it was owned by F, and that A’s evidence 10-1, 2, and witness K.

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