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(영문) 대구지방법원 2016.08.26 2015가단9872
소유권확인
Text

1. The plaintiff's lawsuit on the plaintiff's claim for preservation of ownership shall be dismissed.

2. The defendant is the defendant's forest land C in Busan Metropolitan City.

Reasons

1. Basic facts

A. On the land cadastre of 1,408 square meters for land cadastre in Gyeongsan-si, Gyeongsan-si, D was assessed on September 10, 1911, and on November 7, 2000, the main number is divided into 477 square meters, and -1 attached to the main number.

(hereinafter referred to as “instant forest” with the main number of 931m2.

The plaintiff, together with E and F, has occupied the forest land of this case since 1980 with E and F, and had no objection to the possession of the forest land of this case from the residents of this case.

[Based on the recognition] The entry of Gap evidence 1 to 5, the witness G testimony, the fact-finding results on the H surface at the time when this court was G, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that on December 31, 200, the acquisition by prescription was completed with respect to the forest of this case including the period of possession set by the plaintiff, and the defendant, the owner on the land cadastre, is obligated to implement the registration procedure for preservation of ownership in its name and to implement the registration procedure for transfer of ownership to the plaintiff

B. Determination 1) If a forest land with respect to the Defendant’s party capacity was under the name of Dong or Ri under the Forest Survey Ordinance, it shall not be a simple administrative district, unless there are any special circumstances, but it shall be deemed that the community of residents using the same name as the administrative district is a non-corporate association consisting of residents within the administrative district (see, e.g., Supreme Court Decision 2005Da60871, Jan. 31, 2008). In this case, barring any special circumstance, “D” as indicated in the name of the situation on September 10, 191 on the land cadastre of the forest land in this case constitutes a community of residents, an association consisting of residents within the administrative district, which is not a juristic person within the administrative district, and thus, it shall be deemed that the name of “D” is the same as the current administrative district of “B,” and thus, it shall be deemed that the said “D” as a resident community is the same as the current administrative district of “D”.

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