[1] Estimated history of registration of preservation of ownership in accordance with the Act on Special Measures for the Restoration and Registration of Preservation of Unclaimed Land owned by Owners in the old river area and the degree of proof to reverse it

[2] The case holding that a guarantee certificate, which forms the basis for registration of preservation of ownership under the Act on Special Measures for Restoration and Preservation of Unclaimed Land owned by an owner in the old river area, was proved to be proven to have been insufficient to suspect that the substantial contents of the substantive contents are not true, and thus the presumption of its registration was broken

[1] Article 186 of the Civil Act, Articles 4(2) and 15(1) of the Act on Special Measures for Restoration, Registration, and Preservation Registration, of Land that is not owned by an owner in a river area / [2] Article 186 of the Civil Act, Articles 4(2) and 15(1) of the Act on Special Measures for Restoration, Registration, and Preservation, of Land that is not owned by an owner in a river area

[1] Supreme Court Decision 95Da11184 delivered on April 23, 1996 (Gong1996Sang, 1556), Supreme Court Decision 95Da14794 delivered on July 30, 1996 (Gong1996Ha, 2630), Supreme Court Decision 97Da11362 delivered on August 22, 1997 (Gong1997Ha, 2798), Supreme Court Decision 2001Da4903 Delivered on April 13, 2001 (Gong2001Sang, 1132)

[Defendant-Appellee] Plaintiff (Attorney Park Jong-sil, Counsel for defendant-appellee)

Defendant 1 and one other

Kim Hong, et al. (Law Office of New Jinjin, Attorney Gongh Do-do, Counsel for the defendant-appellant)

Seoul Central District Court Decision 2004Na33598 Decided December 23, 2005

The part of the lower judgment against the Plaintiff is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court. The appeal by the Defendant (Appointed Party) 1 and 2 is dismissed. The costs of appeal incurred between the Plaintiff and the Defendant 10 are assessed against the said appointed party.

1. We examine the Plaintiff’s grounds of appeal.

Where registration of preservation of ownership has been made in accordance with the former Act on Special Measures for Restoration of Unclaimed Land and Preservation Registration, etc. (Act No. 3627, Dec. 31, 1982; Act No. 3627, Dec. 31, 1991; hereinafter “Special Measures Act”), even if there is a separate person who received the assessment of the land, the registration shall be completed in accordance with the due process prescribed by the Act on Special Measures for the Restoration of Land within a Multiple Areas, and thus, the party seeking the reversal of such presumption is presumed to have been presumed to have been completed in accordance with the substantive legal relationship. As such, the party who sought the reversal of the presumption shall assert and prove that the letter of guarantee or confirmation, which forms the basis of the registration, was forged or falsely prepared, and that registration has not been completed lawfully due to other reasons. Here, the false letter of guarantee refers to the substantive contents that form the basis of the alteration of rights, and if it is suspected that the substantive contents of the guarantee are not true, the presumption of registration shall be deemed to have broken, and that the judge may not have conviction.

In full view of the evidence in the judgment below, the court below rejected the above 20 forest land in the name of the non-party 2, 3, 4, and 5, the non-party 1 was aware that the above 20 forest land was owned by the non-party 1 and the non-party 1 had been registered as the owner of the above forest land under the name of the non-party 2, the non-party 2, the non-party 2, the non-party 3, the non-party 2, and the non-party 3, the non-party 1, the non-party 2, the non-party 2, the non-party 3, the non-party 1, the non-party 2, the non-party 3, the non-party 5, the non-party 1, the non-party 1, the guarantor of the non-party 2, the non-party 3, the non-party 1, the non-party 1, the non-party 9, the non-party 1, the non-party 2, the non-party 1, the non-party 9.

However, even according to the fact finding by the court below, the non-party 2 and the non-party 3 among the guarantors did not know about the ownership of the forest land No. 20 before the division and did not confirm it separately, and did not prepare a guarantee letter with the belief of the non-party 4 who was the same guarantor and the statement of the non-party 4 and the non-party 3 who was the same guarantor. In particular, the non-party 3 guaranteed the non-party 10 before the non-party 1 and withdrawn it by the non-party 1's objection, and the non-party 11 had a false guarantee clerk. In light of the fact that the non-party 1 had a false guarantee document, there is room for doubting that the substantial contents of the letter of guarantee in this case

Furthermore, according to the records, the non-party 1's signature and seal on the non-party 1's ownership of the above non-party 1's forest land and the non-party 1's signature and seal on the non-party 4's non-party 1's ownership of the above non-party 8's forest land and the non-party 1's ownership of the non-party 5's non-party 1's non-party 4's non-party 9's non-party 9's non-party 9's non-party 1's non-party 9's non-party 1's non-party 6's non-party 1's non-party 9's non-party 1's non-party 6's non-party 1's non-party 1's non-party 6's non-party 1's non-party 9's non-party 1's non-party 6's non-party 1's non-party 6's own forest land.

As shown in the facts established by the court below and the above facts, it is presumed that the title holder on the register is 13 non-party on the register before the registration of ownership preservation has been completed under the Act on Special Measures for the Prevention of Forest Areas before the division. In addition, the above graves were installed in the above forests and fields, and it appears that the above graves were managed by non-party 13 or his descendants until they were moved back in around August 1978. Some of the guarantors under the Act on Special Measures for the Prevention of Forest Areas had guaranteed the non-party 10 who applied for the registration of ownership restoration before the above forests and fields, and the non-party 1 did not have consistent attitude, such as the guarantee that the non-party 1 was the true owner, and that the non-party 1 had no evidence to prove that the above forests and fields were owned by the non-party 1, the title holder of the above forests and fields was located in the de facto area under the so-called Special Measures for the Prevention of Ownership, and that the plaintiff had no other evidence to prove the ownership preservation of the forests and fields.

Therefore, the court below rejected the plaintiff's argument that the plaintiff's claim seeking the cancellation of the above preservation registration on the ground that the presumption power of registration of preservation of ownership in the name of the non-party 1 is recognized, was erroneous in the rules of evidence or in failing to exhaust all necessary deliberations, or in the misapprehension of legal principles as to the presumption power of registration of preservation of ownership completed under the Act on Special Measures, which affected the conclusion of the judgment. Therefore, the ground of

2. Determination on Defendant 1 and 2’s appeal

Defendant 1 and 2 did not state the grounds of appeal in the petition of appeal filed by Defendant 1 and 2, and did not submit the appellate brief within the submission period.

3. Conclusion

Therefore, the part of the lower judgment against the Plaintiff is reversed, and that part of the case is remanded to the lower court for further proceedings consistent with this Opinion. Defendant 1 and 2’s appeal is dismissed, and the costs of appeal incurred between the Plaintiff and the Defendant 10 are assessed against the Appointed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Hyun-chul (Presiding Justice)