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(영문) 수원지방법원 2017.12.07 2016나77438
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence 1 to 5 and Eul evidence 2 to 4 (including each number; hereinafter the same shall apply), respectively, by integrating the whole purport of the pleadings:

The 8th 3th Gyeong-gun-gun, Gyeonggi-si, I Forest Land (hereinafter referred to as “instant forest”) was divided into several parcels after J was under the circumstances of the plaintiffs in the Japanese colonial era.

B. On Jan. 18, 1960, K, the father of the defendant, completed the registration of ownership preservation on the forest land of this case. On May 14, 1968, K, the father of the defendant completed the registration of ownership transfer on May 13, 1968 with respect to the forest land of this case for the reasons of sale.

C. On November 19, 1990, the Defendant completed the registration of ownership transfer on part of the instant forest land divided from the instant forest land L. However, on November 28, 2001, the Defendant independently owned each of the instant forest land by completing the registration of ownership transfer on the ground of a partition of co-owned property on November 28, 2001.

On the other hand, the J died on April 13, 1926, and succeeded to the property of J independently. M M A, who died on August 20, 1950 and succeeded to the property of M by N, who is the son of M, respectively. After N, N, dead on January 7, 1982, and N, died on April 30, 1997 and finally died on April 30, 1997, the plaintiff A, who is the son of J, was the 15/36 shares, B, 11/36 shares, and C, and D, became the deceased co-inheritors of the deceased J.

2. Determination on the cause of the claim

A. A person registered in the Land Survey Division or the Forest Survey Division as an owner is presumed to have become final and conclusive by being assessed as the owner of the land, unless there is any counter-proof that the assessment has been changed by the adjudication, etc., and the person who received the assessment of the land would have acquired the land in the original condition (see, e.g., Supreme Court Decision 90Da13413, Apr. 26, 191); and registration of ownership preservation on the land

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