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(영문) 서울고등법원 2013.12.24 2013나2015652
소유권확인
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the entry of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Determination

A. The presumption power of registration of preservation of ownership, which is the presumption power of registration of preservation of ownership, shall be broken if a person other than the title holder of registration of preservation is found to have received an assessment of the relevant land, and thus, the registration of ownership shall be null and void unless the title holder proves that he/she has acquired a specific succession (see, e.g., Supreme Court Decision 96Da16247, Jun. 28, 1996). Since the fact that L, which is the plaintiffs' supporting portion of the land, received the assessment of the land before the division of this case is recognized as above, the presumption power of registration of preservation of ownership in the defendant's name (hereinafter referred to as "registration of preservation of ownership of this case") concerning the land before the

B. According to the defendant's defenses 1), since the above land belongs to the defendant and the above land belongs to the property belonging to the defendant, the registration of ownership preservation of this case is valid registration consistent with the real relation. The forest register was created based on the forest register before the destruction due to a disaster of 6/25, based on which the forest land belonging to the nation was nationalized on July 26, 1952. Based on this decision, the above registers were entered in the forest land nationalization ledger, the forest land nationalization measures ledger, the forest land ledger for nationalization, the forest land ledger for nationalization, and the forest land ledger for nationalization determination, based on consultation with the financial division and the Ministry of Agriculture and Forestry, and thus, the forest ledger for nationalization was conducted based on the forest ledger before the destruction due to a disaster of 6/25, and therefore, the owner's presumed rights in the above forest ledger has been vested in the forest land register before its nationalization.

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