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(영문) 의정부지방법원 2014.12.05 2014가단31844
소유권이전등기
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1. The defendant is on the ground that the plaintiff is entitled to recover the true name with respect to B forest land No. 430 square meters and C forest land No. 264 square meters.

Reasons

1. Basic facts

A. According to the Forest Survey Division drawn up in the Japanese occupation point period, the Gyeonggi-do Seocheon-gun Ma-gun Ma-do Mancheon-gun Ma-do Mancheon-gun Mancheon-gun Ma-do Dang (hereinafter “Mancheon-gun Do”) was under the circumstances of E (E) with his domicile in the same

B. After that, the instant assessment forest was divided into 694 square meters of forest land B and 496 square meters of forest land in Ycheon-si and Y-si due to the change of administrative district, conversion of area into unit, etc., and the cadastral records of the said forest were entirely destroyed by 625 square meters.

C. Accordingly, on December 19, 1970, the land register of the above forest was restored to the above forest. The above forest land was restored to the owner’s blank, and the above F forest was restored to the Plaintiff’s mother on January 16, 1957.

On May 16, 1996, the Defendant completed the registration of ownership preservation with respect to the above B forest No. 694 square meters. On May 17, 2010, the Defendant divided C forest No. 264 square meters from the above B forest No. 694 square meters on May 17, 2010, and the area of B forest was 430 square meters in size (hereinafter collectively referred to as “the instant forest land” in total between B forest and C forest).

E. Meanwhile, the Plaintiff, E (E, permanent domicile: Gyeonggi-do Ma) died on January 13, 1928, and accordingly, I succeeded to the property of the deceased E. The Plaintiff was solely inherited the property of the deceased, due to the Plaintiff’s death of both I and his son and his son.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 6, purport of whole pleadings

2. In the absence of counter-proofs such as changes in the assessment of the land and forest land, a person registered in the land survey register or the forest survey register shall be presumed to be the owner of the land, and the circumstances thereof shall be presumed to have become final and conclusive unless the person other than the title holder of the preservation registration is found to have received the assessment of the relevant land, so the title holder shall specifically succeed to the acquisition.

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