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(영문) 서울중앙지방법원 2019.08.22 2018나23574
소유권말소등기
Text

1. Of the judgment of the court of first instance, the part against the defendant regarding real estate stated in the separate sheet No. 8 shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure

2. Determination

A. The reasoning of the court’s judgment as to the cause of claim is identical to that of the judgment of the court of first instance, and thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The defendant's assertion and judgment 1) The defendant asserts that the above real estate was a land incorporated into the Han River basin and owned by the defendant (state ownership), and the registration of preservation of ownership in the name of the defendant on the above real estate is a valid registration consistent with the substantive relation.

B) We first examine the requirements to be applied to the land to a river area. According to Articles 1 and 11 of the Joseon River Decree (Ordinance No. 2, Jan. 22, 1927) and Article 21 of the Enforcement Rule of the same Decree, the section of a river which is a subordinate area of a river shall be determined by the name and section designation of Joseon General, but a river area which is the crossing area shall not be deemed to be a river area unless there is an act of recognition of a river area by a management agency’s announcement and notification under Article 21 of the above Enforcement Rule regarding the relevant area (see, e.g., Supreme Court Decision 84Nu126, Jul. 21, 1987). Meanwhile, according to the River Act enacted by Act No. 892, Dec. 30, 1961; and enacted from Jan. 1, 1962; Act No. 9755, Feb. 19, 197>

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