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(영문) 의정부지방법원 2014.08.12 2013가단37265
소유권보존등기말소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic factual basis

A. The forest survey report prepared with respect to the Jincheon-gun of Gyeonggi-do during the Japanese occupation period is registered as the owner of the forest in this case and the “F” with the domicile in the “Jinwon-gun E” as the owner of the forest in this case.

B. The defendant completed the registration of initial ownership on November 23, 1964 with respect to the forest of this case.

[Ground of recognition] Facts without dispute, Gap evidence 4, 11, Eul evidence 5-3, the purport of the whole pleadings

2. The Plaintiff, the title holder of the Plaintiff’s assertion, acquired the forest land of this case upon the assessment thereof, and the Plaintiff, as the grandchildren of the said F, succeeded to the forest of this case alone. As such, the Defendant is obligated to cancel the registration of preservation of ownership for invalidation of the cause for which the forest of this case has been completed, to the Plaintiff.

3. Determination

A. Examining the Plaintiff’s assertion as to the inheritance relation priority, in detail, the Plaintiff’s heir G succeeds to F, who is the person in charge of the circumstance, and the Plaintiff’s heir to G. According to the Plaintiff’s statement No. 5-1 and No. 2 (each certified copy), the Plaintiff’s heir G, who was the head of the household, died on December 28, 1950, is recognized to have succeeded to the family head of the deceased family.

However, in order for the plaintiff to succeed to the forest of this case, it is necessary to prove that the person in charge of circumstance was the referring of the deceased G. However, without submitting the family register, the plaintiff asserts that the fact that the deceased G is the heir of the deceased G is the heir of the deceased status without submitting the evidence Nos. 1 (HC IP), 3-1 through 3 (J tombstones), 15-1 through 4 (H hemphal Guide), 16-1 through 3 (Hccphal Guide Guide 16), 17-1 through 3 (Hccic Guide Ma).

Supreme Court Decision 2006Da2598 Decided August 24, 2006, which held that, although the inheritance relationship is not necessarily required to be proved by the entry in the family register, in case where inheritance relationship is acknowledged without the family register, it should be supported by evidence that can be accepted in particular.

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