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(영문) 서울중앙지방법원 2017.05.11 2016가합527986
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The report on the survey of forest land in Pakistan-gun C, which was prepared during the Japanese occupation occupation period of the forest survey report and the current status of land, shall be deemed to be “the instant forest land” within four - four - - four - four - four - four - four - four - four

As to the instant forest land, the owner’s “state” and “E” respectively are written as to the owner and the relative “E,” and the non-high field is a blank space. In addition, the part drawing of the instant forest land as indicated in the Sung-dong Forest Site Map is indicated as “E” (E). In addition, the forest land of this case was divided into the forest land of this case on August 20, 1980, and the forest land of this case was divided into the forest land of this case into KRW 4,798 square meters on August 20, 1980, and among them, the forest land of this case was registered on January 4, 2012.

B. On September 23, 1986, the Defendant completed the registration of preservation of ownership in the name of the Defendant on December 17, 1987, as the receipt of the High Government District Court's High Court's High Court's High Court's High Court's High Court's receipt of the register office for High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's Order 19272 on September 23, 198.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers in case of additional number), Eul evidence 2, the purport of the whole pleadings

2. Since the Plaintiff’s assertion content network E is the original purchaser of the instant forest, the Defendant is obligated to cancel the registration of preservation of ownership in the name of the Defendant as to the instant miscellaneous land divided from the said forest land, which was divided into the Plaintiff, who succeeded to the network G purchased from the network E in sequence.

3. Determination

A. In full view of Articles 3 and 10 of the former Decree on the Investigation of Forest Land in Joseon (amended by Presidential Decree No. 5, May 1, 1918) and Articles 1 and 9 of the same Enforcement Rule (repealed, 38, 1918), Articles 27, 51, and 77 of the Enforcement Decree of the said Decree (amended by Presidential Decree No. 59, Nov. 26, 1918), and attached Forms 9 and 79 of the said Decree, Articles 1 and 2 of the former Ordinance on the Investigation of Forest in Shipbuilding (amended by Presidential Decree No. 5, Apr. 5, 1926), forest research projects shall be conducted.

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