(영문) 의정부지방법원고양지원 2019.09.26 2018가단94860

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(영문) 의정부지방법원고양지원 2019.09.26 2018가단94860

소유권확인

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The three parts of the forest survey report on the 5th 5th mal of the Gyeonggi High-gun D Forest C are written as follows: “E”, “Certification of Ownership on September 10 of the large capacity year”, and “F” in the owner’s address column.

B. On January 30, 1958, G forest 31 was divided into G forest 40, G forest 300, and the registration was made on July 26, 1990; on February 1, 1992, the change of the administrative district name; on March 9, 193; on May 16, 2005, after the change of administrative jurisdiction, etc., it was made to the area of 298 square meters (hereinafter “instant forest”).

C. On July 26, 1990, the owner column of the old forest register in relation to the instant forest stated “H” as the owner column of the old forest register in relation to the instant forest, and stated “E” as the owner column of the forest register in relation to the forest of this case restored to registered matters on November 29, 1917. On October 30, 2018, E’s address “YY-dong, Young-gu, Sinyang-si I” was registered.

The forest of this case is unregistered until now. D.

J, the assistant of the plaintiff (Appointed Party) and the designated parties, was born in the Goyang-gun L (which became I in the Goyang-gu, Goyang-si, Goyang-si due to the change of the name of the administrative district) of the K date and died on August 2, 194, and the relation between the plaintiff and the designated parties should be the sole heir. The plaintiff (appointed Party) and the designated parties, who were N, were deceased on May 30, 193 and were his/her own heir. The plaintiff (appointed Party) died on May 23, 197, and died on March 28, 2012 and died on March 28, 2012, were co-inheritors.

E. On February 25, 2019, the Plaintiff (Appointeds) and the designated parties agreed on the division of inherited property with the content that the forest of this case shall be owned by the designated parties C.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The defendant's judgment on the main safety defense shall confirm who is the owner of the forest land of this case.

유사 판례

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-의정부지방법원 2016.12.15 2016구합7571

-춘천지방법원강릉지원 2017.10.24 2016나51863