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(영문) 의정부지방법원 2019.10.16 2018가단122670
소유권이전등기
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 forest survey report made during the Japanese occupation occupation period, D is indicated as being subject to the assessment of the 1st 6th 6th 7th son of Gyeonggi-do Forest land C (hereinafter “instant forest”).

B. On December 9, 1963, the forest register for the forest of this case prepared by the cadastral restoration was registered as being under the circumstances of the defendant's assistance network E.

C. On March 3, 1971, the Defendant completed registration of preservation of ownership of the forest of this case under its name based on the former Act on Special Measures for the Registration of Forest Land Ownership (Act No. 2111, invalidation, and special measures (hereinafter “Special Measures Act”).

The forest of this case has been possessed by the defendant, such as the expansion of the net E, the sculpture, and the referring, etc., and the defendant has planted trees in the forest of this case.

E. Meanwhile, on March 18, 1950, the title holder D died, and on the other hand, the head of the family and the son F inherited property. As F died on October 22, 1973, the Plaintiff, G, and H jointly inherited his/her property. On May 5, 2018, the Plaintiff, G, and H entered into an agreement on the division of inherited property with the Plaintiff’s sole ownership of the instant forest land under the circumstances of D on May 5, 2018.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 7 evidence, Eul's 1 through 4 (including Serial number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the forest land of this case was owned by the Plaintiff’s father, under the circumstances of the Plaintiff’s father D, and the Plaintiff solely inherited the forest land.

Since the defendant completed the registration of ownership preservation on the forest of this case without any title, it is null and void. The defendant is obligated to implement the procedure for ownership transfer registration on the forest of this case for the plaintiff to recover the true title.

(b) A person who is registered as an owner in the forest land survey report shall not be determined as having become entitled to ownership through forest land assessment, but shall not be determined as such.

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