Text
1. The defendant is based on the restoration of the real name with respect to the B cemetery 258 square meters in the case of leisure water to the plaintiff.
Reasons
1. Details of the partition and ownership change of the land indicated in the text of the case (hereinafter “instant land”);
가. 구 임야대장상 전남 여천군 C 임야 49정(町) 3,600보(步)는 국유였으나, D 등을 거쳐 1939(昭和 14). 12. 4. E 앞으로 소유권이 이전되었다.
On the other hand, E was a Japanese company with its head office in F. G.
나. 1943(昭和 18년). 6. 24. 위 C 임야에서 H 임야 3정 4,200보가 분할되었고, 위 H 임야는 전남 여천군 I 전 10,170평(이하 ’분할 전 토지‘라고 합니다)로 등록전환 되었다.
C. The land before the subdivision on January 30, 1953 was divided into: I, 7,123 square meters (23,547 square meters; hereinafter “the instant distributed farmland”) and B, 78 square meters (hereinafter “the graveyard” from May 20, 1953; hereinafter “the instant land”); J forests and fields 344 square meters; K Cemetery 90 square meters; L forest 2,535 square meters, respectively.
In order to distribute farmland under the Farmland Reform Act, it seems to be divided into farmland and non-farmland land ( cemetery, forest and forest).
On August 23, 1961, the registration of ownership preservation was made in the future E on August 23, 1961, and on August 14, 1958, the registration of ownership transfer was made in the name of M on August 23, 1961. As to the divided land, the registration of ownership preservation was made in the name of the Republic of Korea on December 30, 1971, and the registration of ownership transfer was made in the name of M on December 30, 1971 (M on September 13, 1969) on December 30, 1964 on the ground of sale as of December 18, 1964.
E. Meanwhile, on August 23, 1961, N (N, Address:O) E appears to be a clerical error in the land cadastre of the instant land.
P is indicated as transfer of ownership to the land of this case. P is actually owned upon donation of the land of this case from the father M on November 12, 1968 by the father M, accompanied by a guarantee certificate and a confirmation document. P is the Gwangju District Court in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter referred to as the “Special Measures Act”).