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(영문) 의정부지방법원 2015.06.09 2014가단112972
소유권보존등기말소 청구의 소
Text

1. The defendant shall receive on June 24, 1975, from the plaintiff, Macheon-si District Court Macheon-si District Court Macheon-si Office with respect to 5,355 square meters of forest land.

Reasons

1. Facts of recognition;

A. The Forest Survey Division prepared during the Japanese occupation occupation period, Sincheon-si D (However, at the time, “Kcheon-gun D” was changed to the administrative district around October 19, 2003; hereinafter, “Kcheon-gun D” was also registered as the owner of Sincheon-gun 4 U.S. M. M. M. 5 M. M. C, the Plaintiff’s increased portion of E, who had an address in the Japanese occupation period, without distinguishing it before and after the change, was registered as the owner of Sincheon-gun 5 M. M. D.

B. On June 29, 1966, the cadastral record, such as the forest register book on the above forest land, was restored to C forest land 5,355 square meters (hereinafter “the forest of this case”) by the competent cadastral authority. As to the forest of this case, the Defendant completed the registration of preservation of ownership in the Defendant’s name (hereinafter “registration of preservation”), under the receipt No. 4342 on June 24, 1975, the Jung-gu District Court Macheon registry Office (hereinafter “instant registration”), and on February 14, 1979, the registration of transfer of ownership was completed for the Republic of Korea on May 30, 1973.

C. Meanwhile, upon the Plaintiff’s death on June 28, 1950, F, South Korea, as the head of the family and the deceased on June 28, 1950, and F, upon the death on February 6, 1991, he jointly inherited his property G, H, and I (Nam), but G, H, each of whom was missing on December 31, 1955 and declared bankrupt on January 3, 1992, succeeded to F’s property at 1/2 shares, and succeeded to F’s property at 1/4 shares of G, and the Plaintiff inherited F’s property at 1/4 shares of each of these shares (the status of H was declared bankrupt as above). As such, the Plaintiff’s property was inherited in succession in succession, J, and the Plaintiff owned the Plaintiff’s inherited property on July 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6 (including branch numbers), Eul evidence 1 and 2, and the purport of the whole pleadings]

2. Determination

(a) Any person who is registered in the Land Survey Book as the owner with respect to the cause of the claim is changed by an adjudication;

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