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(영문) 춘천지방법원 2014.01.21 2013가단10102
토지소유권보존등기말소등기절차이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 2012, the Gangwon-do Incheon-gun B forest land (hereinafter “B forest land before subdivision”) was divided into KRW 9467 square meters in Gangwon-do and KRW 7293 square meters in Jeju-do, Incheon-gun, Gangwon-do, and KRW 7293 square meters in Jeju-do. On March 7, 2012, the said D forest land was registered for the registration of KRW 7293 square meters in Gangwon-do, Incheon-do, and the said D forest land was registered for the registration of KRW 7523 square meters in Gangwon-do.

B. As to each real estate listed in the separate sheet, each registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) was completed on December 1, 1962 by the Incheon District Court No. 933, which was received on December 1, 1962.

C. On January 26, 198, the Plaintiff filed an application for the registration of the restoration of the land owned by the owner in a sub-divided area under the Act on Special Measures for the Registration of Restoration and Preservation of Unclaimed Land. On August 5, 1988, the Land Owner Restoration Review Committee decided on August 5, 198 that the land before subdivision is owned by the Plaintiff (hereinafter “instant decision”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that he succeeded to the land before subdivision from the fleet, and the cadastral record, such as the register, was lost in the column of 6.25, and even after the disturbance, was actually owned without registration of preservation of ownership, and the decision of this case was made on January 26, 198 by filing an application for registration of restoration to the owner of the unclaimed land in the neighboring area under the Act on Special Measures for Restoration Registration, Preservation Registration, etc. (Act No. 3627, hereinafter "Special Measures Act"), and thus, the land before subdivision is owned by the plaintiff, and the registration of preservation of ownership in the defendant's name with respect to the same land was completed without any title, and it is the registration of invalidation of the cause.

Therefore, the defendant is liable to implement the procedure for the cancellation registration of the registration of the preservation of ownership of this case, which is null and void.

B. The plaintiff alleged by the defendant is stated in the separate sheet.

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