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(영문) 서울중앙지방법원 2020.07.24 2018가단5233139
소유권말소등기
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 protocol of incorporation into a forest reserve in Chuncheon-gun, Gangwon-do, Gangwon-do, in 1940 (short-term 4273), is written as the network E, which has a domicile in Chuncheon-gun, Gangwon-do, B forest land B, and received an assessment.

B. On November 2, 1976, the registration of preservation of ownership was completed in the name of Chuncheon-si (Defendant, Chuncheon-si old name) with respect to B forest No. 24,578 square meters in Chuncheon-si.

C. On July 30, 1955, the Plaintiff’s prior-user E died, and the deceased deceased on April 13, 1979, the deceased deceased on April 13, 1979, and jointly succeeded by wife G, children H, I, I, the networkJ, and K. The deceased on July 30, 2018 and jointly succeeded by wife L, the Plaintiff, and M.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1 through 3, Gap evidence 6, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was as follows: (a) He was under the assessment of “1,93 square meters of forest B, Chuncheon-gun, Chuncheon-gun; and (b) was the same as “24,578 square meters of forest B, Chuncheon-gun; (c) the Defendant completed the registration of preservation of ownership of the said land under the circumstances of the network E without any cause; (d) the Defendant is obligated to implement the registration of preservation of ownership on the said land without regard to “19,107 square meters of forest B, Chuncheon-si; (e) the size of the “19,107,24,578 square meters of forest land” (19,107, 578), among shares (19,107, 24,578 shares) inherited by the Plaintiff among the shares (12/147 shares).

3. The following circumstances that the Defendant, upon completing the registration of preservation of ownership, considered as “B, 24,578 square meters of B forest in Chuncheon-si” and “1,93 square meters of B forest in Chuncheon-gun, Chuncheon-gun, Gangwon-do” in the record of incorporation into a reserved forest, based on the facts acknowledged earlier and the overall purport of arguments in Eul’s evidence Nos. 1, 2, 2, 2, 3, 5, 6-1 through 4, and 6-2, Eul’s evidence Nos. 6-2, and Eul’s evidence Nos. 7, and the following circumstances, namely, “B” in the registration of incorporation into a reserved forest.

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