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(영문) 서울남부지방법원 2019.07.16 2018가합106877
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The survey report on the forest land E prepared in the Japanese occupation point period of the Gyeonggi-do Female-gun, the owner of the land before the instant partition (hereinafter “the land before the instant partition”) is registered as G.

B. G died on May 1958, and H, the son of G, the son of G, died on January 5, 1978, and H died on January 5, 1978. H’s property heir of H, Plaintiff B, the son of H, the son, the son, the son, the son, the son, the son B, and the son.

C. On the other hand, the registration of ownership preservation was completed on January 17, 1966 with respect to the land before the instant partition, and on August 26, 1971 with respect to the land above, the registration of ownership preservation was completed on January 17, 196, and on August 26, 1971 with respect to the land above, the area was 5,000 square meters 7, and 5,000 square meters 6,000 on October 4, 1983.

(The unit area was converted into 5,736 square meters on the same day; hereinafter “instant land”). D.

As to the land in this case, L completed the registration of ownership transfer under the Act on Special Measures for the Transfer of Forest Ownership, etc. (Act No. 211, hereinafter “Special Measures Act”), which was received on August 26, 1971, for sale and purchase on December 1, 1959. Korea completed the registration of ownership transfer under Article 1718 of the Act on Special Measures for the Transfer of Forest Ownership, etc. (hereinafter “Special Measures Act”). The registration of ownership transfer was completed on September 24, 1983 by agreement for public land acquisition on February 10, 1984.

E. On September 17, 1996, the instant land was merged into 164,430 square meters of the forest land in the Innju-gun, Gyeonggi-do, and thereafter, the said forest was divided into 162,060 square meters of the area due to the division around December 20, 199.

F. On June 3, 2006, the plaintiffs filed a lawsuit against the defendant, L, and the Republic of Korea on June 3, 2006, and revealed that there was a separate G, the fact-finding title of the land of this case, and thus, the presumption-finding capacity was broken. Therefore, the registration of invalidity of the cause is the registration of invalidation of the cause. Accordingly, the registration of transfer of L's ownership and the registration of transfer of ownership in the name of the Republic of Korea are also null and void of the cause, and the plaintiffs sought the implementation of

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