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(영문) 수원지방법원여주지원 2015.10.06 2015가단21105
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s first-friendly net C acquired the instant forest land under the circumstances around 1919, and the network D, a sole inheritance of the instant forest, made a will to the Plaintiff before the Plaintiff died in around 1985, thereby acquiring the ownership of the instant forest. The registration of ownership transfer under the Defendant’s name as to the instant forest must be cancelled.

2. As to the fact that the Plaintiff bequeathed the forest of this case with the method prescribed by the Civil Act, the Plaintiff’s assertion on a different premise is insufficient to acknowledge the Plaintiff’s gift of this case, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion on a different premise is without merit without having to examine the remainder.

Rather, comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 3, E, F, and G filed a lawsuit against the Defendant seeking the cancellation of the transfer of ownership identical to the instant case on the ground that they jointly inherited the instant forest by 2005da1544, which is the deceased’s offspring’s children. However, in the instant case, it was true that the deceased C was informed of the instant forest on October 1, 1961, and the Defendant continued to acquire the instant forest from H on the grounds of reversion under the Act on Temporary Measures for Local Autonomy on the Prevention of Local Autonomy, and thereafter, continued to implement the instant forest by planting Arabic trees, flad trees, etc. on the instant forest, and managing it by openly and openly occupying the instant forest with the intent to own it for twenty (20) years, thereby completing the acquisition by prescription on October 1, 1981, the registration of the Defendant’s name is valid, and thus, the registration of the instant forest becomes final and conclusive.

3. Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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