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(영문) 대전지방법원서산지원 2017.12.27 2015가단689
소유권말소등기 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. According to the land cadastre, on March 10, 1912, D was subject to the assessment of the E Forest (hereinafter “the forest before the instant subdivision”). The forest before the instant subdivision was divided into 2,707 square meters of F forest land on November 10, 1926, C forest land 7,722 square meters before the division, and 53 square meters of G road. Before the division, C forest land 7,722 square meters was divided into 7,722 square meters of C forest land (hereinafter “instant forest”) and 445 square meters of H forest land on October 23, 191.

B. In accordance with the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 7500, hereinafter “Special Measures Act”), the Defendant completed the registration of ownership preservation by Seosan District Court No. 28874, Aug. 9, 2007 regarding the forest of this case as to the forest of this case.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 7, 8, 20 (including paper numbers), and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. On March 10, 1912, the Plaintiff’s assertion D received the assessment of the forest land before the instant partition, and D, a title of the said circumstances, is the same as J, which is the birth of the Plaintiff’s high tide I, and the Plaintiff’s father K, who was a friendly father, succeeded to the instant forest that was divided into the instant forest land before the instant partition, in sequence, since the Plaintiff succeeded to the property due to the death and her death without descendants.

Meanwhile, on August 9, 2007, the defendant completed registration of preservation of ownership of the forest of this case under the Act on Special Measures, and the registration of preservation of ownership in the name of the defendant is based on a false certificate of guarantee.

Accordingly, the Plaintiff is seeking to implement the procedure for cancellation of registration of cancellation of ownership preservation in the name of the Defendant on the forest of this case, the cause of which is null and void.

B. We examine whether D and the Plaintiff’s fleet J are the same person, the circumstance of forest land before the instant partition.

(1) A person, who was assessed as a landowner in a land survey project conducted under the Land Survey Order at the Japanese colonial Rule, was an original and creative acquisition of the ownership of the pertinent land.

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