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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The owner of the D Forest E (hereinafter “instant assessment land”) written through the forest survey project is indicated as “state” and “F” in the D forest survey document prepared through the forest survey project.
나. 1932.(昭和 7년)
8. A notice of enlistment in a reserved forest according to the Clime Ordinance of the Ministry of Land, Infrastructure and Transport No. 443 of 19.19. The owner of the assessment land of this case is stated as F.
C. As to the land of this case, Suwon District Court received on March 9, 1962, the registration of preservation of ownership (hereinafter “registration of preservation of this case”) was completed by one-half shares in each of the Defendants.
On June 5, 1981, the assessment land of this case was divided into the land E- 7041 square meters of forest land (the real estate indicated in paragraph (1) of the attached Table; hereinafter “1 real estate of this case”), G 99 square meters of forest land (the real estate indicated in paragraph (2) of the attached Table; hereinafter “2 real estate of this case”), H 463 square meters of forest land, and 1 forest land into 99 square meters.
After the registration conversion, replotting, etc., H forest land 4463 square meters was changed to 304 square meters before J, and 1313 square meters before K.
E.F died on March 18, 1944, and L, F, F, his/her mother, inherited his/her own property.
L was dead on April 13, 1989, and at the time of death, M, the spouse, the plaintiff, etc. is his/her spouse.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 7 through 9 (including each number), the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. In the case where an individual is indicated in the “public announcement of incorporation into a reserved forest” of the Joseon General Register under the Climin Ordinance with respect to forest land, the cause of the claim pertains to the individual’s ownership (see, e.g., Supreme Court Decision 95Da53652, Feb. 27, 1996). In a case where it is revealed that there is a separate person from the assessed land.