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(영문) 청주지방법원 2015.06.05 2014노1063
산림자원의조성및관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant did not have the right to gather spath concerning E-Gun forest land 2,126,309 square meters and F forest land 206 square meters (hereinafter “each of the instant forests”) owned by the victim C clan (the representative D; hereinafter “C clan”), but at his own house located in G on September 18, 2012, the Defendant issued “written recognition of the right to gather spathic gathering” to 17 residents, including H, who are not aware of the aforementioned facts, and ordered 17 members, including H, to gather 39 and 17 members, who are victims of the instant clan from each of the instant forests on September 19, 2012, thereby thefting the Defendant’s forest products owned by the victim clan.

2. The background of the instant case and the summary of the grounds for appeal

A. (1) A clan (the president Q, hereinafter referred to as the “P clan”) is a clan of which R 11 U.S. is the mid-term establishment of R 11 U.S.

nine members of the P clan, including D and J, shall hold a general meeting to the effect that they are the descendants of the above S, who are the descendants of the above S, and on November 13, 2001, they shall register the C clan which is the mid-term group of the above T, and on December 7, 2001, the head of the Gun sent on December 7, 2001, applied for the issuance of a registration number for the registration of the C clan for the registration of the real estate and received a registration number at that time.

(104 pages). C A clan completed the registration of transfer of ownership based on the termination of title trust on each forest of this case on April 16, 2009 and May 29, 2009.

Abstract Defendant is 4 South Korea of the above S, W descendants.

The Defendant thought, “The forests and fields of this case are owned by the P clans.” However, nine persons, such as D, etc. set up a gap in the management of P clan members, and completed registration of each forest and fields of this case in their names. It is necessary to recover the legitimate ownership of each forest and fields of this case.”

Therefore, the defendant is a family of P, based on the historical record that the above S has received rice sus "I" around November 201.

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