Registration of cancellation of ownership

The plaintiff's assertion that the forest land of this case is not registered as the property devolving upon its ownership. However, the plaintiff's assertion is without merit due to the circumstances such as the multi-level situation known in full view of the purport of the entire pleadings in each of the statements in Evidence A Nos. 1 through 3.

Article 14 of the Framework Act on National Taxes

2014 grouped 5195116 Registration of Cancellation of Ownership

Prostitution & & & & &

Korea

1. The plaintiff's claims against the defendants are all dismissed.

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

With respect to AAA City 00 - 00 - 00 - 00 - 00 - 92 - 110 - 92 - Defendant Republic of Korea will implement each procedure for cancellation of ownership transfer registration completed pursuant to AA City 00 - AA registry pursuant to Article 272 of the receipt of February 5, 1960, Defendant leap order is the same date as that of the same registry office, the ownership transfer registration completed pursuant to Article 274 of the same registry office, and the Defendant school foundation 00 will implement each procedure for cancellation of ownership transfer registration completed pursuant to Article 295 of the receipt of January 19,

1. Basic facts

A. The forest survey report prepared during the Japanese occupation point period is written with the fact that 00 AAA Si 00 - 00 - 00 - 110 - 4 - 110 - 9 - - - 9 - (hereinafter “the forest of this case”).

B. The permanent domicile of 00 copies 00,000-dong 39 died on December 17, 1934, and the head of leapA independently succeeded to le00 property, but died on August 15, 1986, and the head of leB died on August 15, 1986, and the head of leB jointly succeeded to le00 property.

C. As to the forest land of this case, the defendant Republic of Korea made a registration of preservation of ownership (hereinafter referred to as the "registration of preservation of ownership of this case") as the receipt No. 000 on February 5, 1960 by 00 district AAA registry office of 00, and the defendant 100 registered the transfer of ownership as the receipt No. 274 on the same date as the same registry office, and the defendant 295 on January 19, 1962 registered the transfer of ownership as the receipt No. 295 on January 19, 1962 by the same registry office. [Grounds for recognition] The defendant 1, 2, and 4 are without dispute, each entry

2. Judgment on the ground of the Plaintiff’s claim

A. In the absence of counter-proofs such as the change of the situation by the ruling, the person registered as the owner in the land survey book or forest survey book prepared during the Japanese occupation point period, such as the identity, etc. of the Plaintiff’s leU, shall be presumed to have been the owner of the land, and the circumstance shall be presumed to have been determined. If it is found that a person other than the title holder of the preservation registration was the situation of the relevant land, the presumption of registration of preservation of ownership shall be destroyed.

As seen above, in light of the fact that the assessment titleholder and the Plaintiff’s leB’s name are the same as the Chinese characters, and that the domicile and the legal domicile coincide with 00 copies, it is reasonable to see that the assessment titleholder and the Plaintiff’s leb is the same person.

Therefore, since the forest of this case is owned by the plaintiff's prior le00, the presumption power of the ownership preservation of this case was broken, and eventually, unless it is proved that the registration of ownership preservation of this case is in conformity with the substantive relations, the registration of ownership preservation of this case is an invalidation of cause completed without any title, and each registration of ownership transfer of defendant leap Order and defendant 00 private teaching institutes based on the registration of ownership preservation of this case is also the registration of invalidity of cause.

(b) Preservation of co-owners;

Therefore, barring any special circumstance, the Plaintiff, who jointly succeeded to the forest of this case, is obligated to file a claim with the Plaintiff as an act of preserving jointly-owned property, and the Defendant Republic of Korea, the registration of preservation of ownership of this case, and the registration procedure for cancellation of each transfer of ownership of the Defendant leap and the Defendant 0

3. Judgment on the defenses of Defendant Republic of Korea and school foundations 00 school foundations

A. The defendants' defenses

The Republic of Korea and the school juristic person 00 educational institutes shall be subject to assessment of the forest land of this case by 00

일본인인 천일초지(天日初枝)가 이 사건 임야의 소유권을 취득하였고, 해방 이후 피고

Since the Republic of Korea acquired the ownership of the forest land of this case as the vested property

The preservation registration shall be effective in accordance with the substantive relations and shall be consistent with defendant FleF and defendant school juristic person 00

Each school's ownership transfer registration is also effective registration.

B. Determination

(i) ear, based on the forestry cadastral book before destruction due to a disaster of June 25, stating the forest land reverted to the nation;

The forest ledger was created, on the basis of which the ruling of nationalization was made on July 26, 1952, and this ruling was made.

the decision is made, the Director General of the Forest State Foundation, the Director General of the Measures for the Reversion of Property to Which he belongs, and the Director General;

The Ministry of Agriculture and Forestry shall make entries in the forest land ledger, the forest land ledger, and the forest land ledger, followed by the Ministry of Agriculture and Forestry;

Since the maintenance work of the National Forest Register for forest land to be nationalized is carried out, the National Forest Register for forest land to be nationalized;

After all, it can be said that it was based on the forestry register before the destruction due to a disaster of June 25.

Therefore, the presumption of rights granted to the owner in the above forest register shall be the state-owned forest register.

Since it can be said that it is true, it is written as property devolving on the state-owned forest ledger.

It is reasonable to view that the forest land in question is owned by Japan as of August 9, 1945 (Supreme Court Decision 24 July 24, 1998)

See Supreme Court Decision 96Da16506, supra.

2) The entire pleadings are made in respect of the instant case, as a whole, on each entry in Eul evidence Nos. 1 to 3.

취지를 종합하면 귀속임야대장에 이 사건 임야가 일본인 천일초지(天日初枝)의 소유로

In light of the above legal principles, this case can be recognized as registered.

임야는 1945. 8. 9. 당시 일본인 천일초지(天日初枝)의 소유인 것으로 추정되고, 이후

The Government of the Republic of Korea and the Government of the United States of America after the acquisition by the United States Armed Forces under Article 33 of the United States Armed Forces Act.

The first agreement on finance and property concluded between the Government of the Republic of Korea under Article 5 of the first agreement;

It is judged to be vested property.

Therefore, the registration of preservation of ownership of this case is a valid registration consistent with the substantive relations, and the basis therefor.

The registration of ownership transfer of Defendant 00 and Defendant 10’s educational foundation also becomes effective.

The above defendants' assertion is justified.

3) The Plaintiff asserted that the forest of this case is not registered as property devolving upon its ownership, but the forest of this case

A. A. B. The entry in the evidence of subparagraphs 1 through 3 above is known in full view of the purport of the entire pleadings.

The circumstances, i.e., the forest ledger, i.e., 00 Rigsan92-1, but 00 Rig

The number of 92-1 is nonexistent, <2> the above 00 Rigsan 92-1 Forest land and the forest land of this case

(3) 00 interest rate shall be the national forest disposal ledger, that the area is fully consistent with 110's 4'0's 9's 4's 4's 9

Busan 92 forest land is written, and 00 00 00 c. written in the area of the land and the forest land ledger.

92-1 Forest land area is identical and the order or description of other land is identical, etc.

It is reasonable to see that 00 g. 92-1 entered in the forest ledger for vested land is a clerical error of 00 g. g. 92

Since 00 Risan 92-1 entered in the national forest ledger is the forest of this case, it shall be deemed that it refers to the forest of this case:

The plaintiff's assertion is without merit.

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so ordered as per Disposition.

shall be ruled.