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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a corporation established on August 30, 1935 by Nonparty D’s descendants, including Nonparty B (former name C; hereinafter “C”) who is the family heir, to jointly manage and take profits from the deceased’s property. 2) The Defendant was established under the name of the Korea Forestry Cooperatives Federation under the former Forestry Act (Enforcement by Act No. 881 of January 20, 1962) and was changed to the current name around 200.
(hereinafter referred to as “Defendant”). B.
토지조사부 및 등기제권리증의 기재 1) 조선토지조사령에 의하여 작성된 토지조사부에는 E이 1913(大正 2년). 10. 1. 경기 양주군 F 전 2,514평(이하 ‘분할 전 F 토지’)을 사정받은 것으로 기재되어 있다. 2) 등기제권리증에는 분할 전 F 토지에서 분할된 G 전 2,474평(이하 ‘분할 전 G 토지’)에 관하여 E이 1933(昭和 8년). 3. 28. 상속을 원인으로 한 소유권이전등기를 마쳤고, 이후 원고가 경성지방법원 의정부출장소 1935(昭和 10년). 12. 12. 접수 제10666호로 1935. 9. 10.자 매매를 원인으로 한 소유권이전등기를 마친 것으로 기재되어 있다.
C. After the official cadastral record was destroyed due to the destruction of the official cadastral record and the restoration of the land subject to the said record by the Korean War, as the name of the administrative district where the land destroyed was destroyed by the said official cadastral record was transferred to the Council of the Government on January 1, 1963, the land destroyed by the said official cadastral record was restored to the sum of 2,514: (a) the land was restored to the sum of 138 square meters (hereinafter referred to as “land number with no separate indication”) prior to the Council of the Government, 264 square meters prior to the JJ, 66 square meters prior to the K, 66, 427 square meters prior to L, and 40 square meters prior to the M were restored to the name of the Defendant on November 30, 1963; (b) the form of the F land prior to the subdivision in the official cadastral record prepared on June 25, 1914 and the form of land restored by the cadastral record on April 30, 1971.
As above, land division and substitute lot 1 are owned by the defendant.