1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

가. 일본 강점기 하에 작성된 경기 진위군 평택면의 토지조사부에는 ‘세교리(細橋里)’가 별지 목록 기재 토지(이하 ‘이 사건 토지’라고 한다)의 분할 전 토지인 평택시 세교동 산93 임야를 사정받은 것으로 기재되어 있다.

B. On October 8, 1986, the Defendant filed for the registration of the Suwon District Court’s Eunpyeong Housing Sitewon and the registration of the preservation of ownership (hereinafter “registration of the preservation of ownership”) on the instant land in accordance with the receipt No. 34297 of October 8, 1986.

【Ground for recognition】An absence of dispute, and description of Gap’s 1 through 4

2. The assertion and judgment

A. The plaintiff's assertion is a non-corporate group consisting of residents living in Pyeongtaek-si, and acquired the ownership of the land of this case under the Japanese occupation contract. Since the defendant made the registration of the preservation of ownership of this case without any title, the defendant is obligated to implement the registration procedure for cancellation of the registration of the preservation of ownership of this case to the plaintiff.

B. First, we examine the legitimacy of the instant lawsuit, first of all, as to whether the instant lawsuit is lawful.

If a forest land is assessed under the name of Dong and Ri under the Forest Survey Decree, it does not merely refer to the administrative district under Dong and Ri, unless there are special circumstances (see, e.g., Supreme Court Decision 2005Da60871, Jan. 31, 2008) but is an unincorporated association consisting of residents living in the administrative district and using the same name as the administrative district (see, e.g., Supreme Court Decision 2005Da60871, Jan. 31, 2008). If a natural village is a social organization that has its own own purpose and is engaged in independent activities by appointing its decision-making agency and its representative as its executive organ, it shall be deemed that it has the ability of a non-corporate association (see, e.g., Supreme Court Decisions 2006Da64573, Jul. 26, 2007; 205Da60871, Jan. 31, 2008).