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(영문) 서울고등법원 2019.09.27 2019나2012655
소유권말소등기
Text

The defendant Republic of Korea is about the land specified in the attached list 2, 3, and 4 to the independent party intervenors.

Reasons

1. Basic facts

A. It is indicated that the forest survey document under the former Joseon Forest Survey Decree (Ordinance No. 5, May 1, 1918) was divided into the forest survey document for the Gyeonggi-do Forest C, Gwangju-gun, 63 information prior to the division, was owned by the net E, F, and three others, 20 grandchildren of D’s 20 years of age on July 20, 1919.

B. After the F died on December 20, 1959, his property was jointly inherited to the Intervenor A, an adopted intervenor, etc. on August 18, 1993 through the next south of the network G. After the E died on January 25, 1942, the E’s property was solely inherited to the Intervenor B, who was ex post facto adopted by I on May 16, 1957, through the long-math net H and the loss net I, etc.

C. On November 6, 1978, forest land before subdivision was divided into C forest land 4,806 square meters (the land indicated in paragraph (1) of the attached Table; hereinafter the same shall apply) and J forest land 1,442 square meters in total.

On November 20, 1978, the Defendant Republic of Korea purchased J 1,442 square meters of land from KJJ from KJ on KRW 283,400,00. On November 2, 1979, the Defendant Republic of Korea completed the registration of ownership transfer on the ground of sale on December 20, 1978 under Defendant Republic of Korea’s name when changing the category of J forest into a road and completing the registration of ownership transfer on the ground of sale on December 20, 1978.

E. After the division, the name of the administrative district of the two lands was changed to the “Madong in Gwangju-si,” on March 21, 2001, and the title holder of the registration of ownership preservation was changed to the K Substitute on December 7, 2001, and the J forest was divided into the land on February 21, 201 and the land on October 3 and 4, 201, and the NN road was divided into the land on October 2, 201.

F. As to the land on May 19, 201 by Defendant Korea Rail Network Authority (hereinafter “Defendant Korea Rail Network Authority”), the registration of the establishment of divided superficies for the purpose of owning railroad facilities on May 11, 2010 is deemed to be the registration of the establishment of divided superficies (hereinafter “registration of superficies”).

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