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(영문) 서울중앙지방법원 2018.12.21 2018가합531040
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 30, 1919, the G residing in Gyeonggi-gun C Forest, D Forest, and E in Gyeonggi-gun, which was drafted pursuant to the former Joseon Forest Survey Decree (Decree No. 5, repealed, May 1, 1918) in the Japanese War of Basic Fact-Findings, stated that the G resides in Gyeonggi-gun F on July 30, 1919 was the fact-finding.

The registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed on September 24, 1970 with respect to each of the above C, D, and E forest shares of Suwon District Court, Sung-nam Branch of Sung-nam District Office of Gwangju District Court, the registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed on September 24, 1970.

The said C Forest was divided into five parcels of H, I, J, K, andL on December 28, 1973. Among them, the said I Forest was divided into M, J, and J Forest was converted into N, and L Forest was converted into O.

On October 5, 197, five parcels divided from the above C Forest are as shown in the separate sheet Nos. 1 through 5, as shown in the separate sheet No. 6, the above D Forest was registered for the conversion of the area into the square meter as described in paragraph 7 of the same list.

In addition, the name of the administrative district was changed to Gwangju City P in the Gyeonggi-si.

On the other hand, after the death of February 12, 1947, Q, Q solely inherited the property, and Q died on December 25, 1971, and R, a spouse of Q, the plaintiff who is a son, and the plaintiff who is a son and son of Q jointly inherited the property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Each land indicated in the Plaintiff’s separate sheet on the Plaintiff’s assertion (hereinafter “each land of this case”) acquired the ownership of the Plaintiff’s prior G under the circumstances of G, the Plaintiff’s prior owner, and the Defendant completed the registration of initial ownership relating to 1/2 of each of the above land without any title. Therefore, the aforementioned registration of initial ownership should be cancelled as the invalidation of the cause.

B. The relevant legal doctrine has been completed in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Forest Land (Act No. 2111, May 21, 1969).

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