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(영문) 의정부지방법원 2014.10.16 2013나53176
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C on February 13, 1957, with respect to the forest land B, Gyeonggi-gun G (hereinafter “G”), the registration of ownership transfer due to destruction and recovery, and D on May 14, 1970, with respect to the forest land of this case, the registration of ownership transfer due to sale and purchase on May 14, 1970, and the Plaintiff completed the registration of ownership transfer due to sale on March 20, 1974 with respect to the forest of this case on April 26, 1974.

B. Meanwhile, due to the Korean War, the cadastral record on the woodland of G was entirely destroyed, and the cadastral record on the woodland of G was completed on August 30, 1971 and around October 30, 1991, etc., the cadastral restoration for all the woodland located in G was completed, but there was no cadastral record, such as the cadastral record on the forest of this case.

C. Prior to April 1, 1976, before the enforcement of the former Cadastral Act as amended on December 31, 1975, the official cadastral record was restored by the Ordinance of the Minister of Finance and Economy in each tax office affiliated with the defendant Republic of Korea without any legal basis. However, after the enforcement of the above former Cadastral Act, the official cadastral record destroyed by the defendant Socheon-gun as the competent authority in accordance with the Cadastral Act was restored.

【Ground for recognition】 Facts that there is no dispute between the parties to the dispute, the entries in Gap evidence Nos. 1, 7, 10, and 18, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. As long as the ownership transfer registration, etc. was completed with respect to the instant forest land claimed by the Plaintiff, the Defendants neglected to keep and manage the cadastral record of the instant forest in spite of having properly prepared and managed the forest land register and the forest land register, etc., as to the instant forest land, as well as the Defendant Republic of Korea should restore the land registration of the instant forest in accordance with the lawful procedures while restoring the land of the instant forest in around August 30, 1971.

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