Entry of change of title in the forestry cadastral book around 1935.20

According to Article 2 of the Cadastral Rule (No. 25, 1914, Ordinance of the Ministry of Government Administration and Home Affairs No. 113, Aug. 23, 1920), which was enforced October 20, 1935, Article 1 of the Forestry Register Regulation (No. 113, Ordinance of the Ministry of Government Administration and Home Affairs No. 45, Apr. 25, 1914), Article 2 of the Cadastral Rule (No. 45, Ordinance of the Ministry of Government Administration and Home Affairs), which was applied mutatis mutandis to the transfer of ownership, provides that the transfer of ownership shall not be registered on the Forestry Register unless a notice by the registry official is given. Thus, if the ownership preservation and transfer is registered on October 20,

Article 1 of the Forestry Register Regulation 113 of the Ordinance of the Ministry of Maritime Affairs and Fisheries of August 23, 1920, and Article 2 of the Land Conservation Rule 45 of the Ministry of Maritime Affairs and Fisheries of Apr. 25, 1914

A clan of the Republic of Korea (Attorney Park Jong-soo, Counsel for the defendant-appellant)

Defendant

Seoul High Court Decision 75Na1466 delivered on July 9, 1976

The judgment below is reversed, and the case is remanded to Seoul High Court.

The defendant's grounds of appeal are examined.

The court below recognized that the title registration of the forest of this case was made in the name of the non-party 2 and the non-party 2, the non-party 1's relative non-party 1 was registered in the name of the Dong in the forest register when the land situation was the ownership of the plaintiff's species, and the non-party 2, the non-party 1's relative non-party 1 had his seal, etc. deducted from the non-party 1 and transferred the ownership to the forest register under his own name without any title before the non-party 3 was selected and selected and divided into the land. The non-party 3 made the registration of ownership transfer in the name of the non-party 2, the non-party 2 at the time of the enforcement of the special measures for the transfer of forest ownership, based on the above forest land register No. 1969.7.29, which was the time of the enforcement of the special measures for the transfer of forest ownership, and then the ownership transfer registration was made in the future.

The above judgment of the court below did not contain the preservation registration of Nonparty 1 or the registration of transfer in the name of Nonparty 2 as of October 20, 1935 with respect to the above forest land before it is divided into the forest land. It was falsely recorded in the forestry register that there was transfer from Nonparty 1 to Nonparty 2 in the future, but it was based on this forest register, the transfer registration was made without any cause, and thus, the registration was null and void.

However, according to Article 2 of the Land Conservation Rule (No. 113 of the Ministry of Government Administration and Home Affairs Ordinance No. 1920, Aug. 23, 1920), which was enforced at the time above, Article 1 of the Forestry Book Regulation (No. 113 of the Ministry of Government Administration and Home Affairs Ordinance No. 45 of Apr. 25, 1914), the transfer of ownership is prohibited from being registered on the Forestry Book unless the registration officer's notice is given. According to the above evidence No. 3, the above non-party No. 1 of the above "Preservation of Ownership" as of Oct. 20, 1935, and the above non-party No. 2 of the above "transfer of Ownership" as of the same day, in light of the above Rules of the Forestry Book, the preservation registration in the name of the non-party No. 1 and the transfer registration in the Forestry Book No. 1920, Aug. 23, 1920).

Therefore, the court below's determination that the preservation registration under the above non-party 1's above non-party 1's above non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's ownership change and entry

Justices Yu Tae-hun (Presiding Justice)