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(영문) 서울고등법원 2015.03.20 2013나72475
소유권말소등기
Text

1. Revocation of a judgment of the first instance;

The defendant is the Suwon District Court with respect to the land size of 22,017 square meters in Gwangju City.

Reasons

1. The following facts are acknowledged in full view of each description of Gap evidence Nos. 1 through 6, 28, Eul evidence Nos. 7, 8, 24 through 27, 34, 35, Byung evidence Nos. 13, 14, 19 (including numbers), and the whole purport of the pleadings.

[1] On July 25, 1919, G, H, and I4 forest land in Gwangju-si (hereinafter “instant forest”) was assessed as owned by F, G, H, and I 4.

F는 E씨(E氏) 20세손으로서, 11세손 AN의 후손이다.

G is 20 years of age, 11 years of age AO, 15 years of age AP's descendants.

H is 20 years of age, 11 years of age AO, 15 years of age A Q, and 17 years of age AR.

I is 22 years of age, 11 years of age AO, 15 years of age A Q, and 17 years of age J's descendants.

The said 17 years of age J sent AS from July 1825 to December 1826.

[2] The owner of the forest of this case entered the forest of this case as the above F, G, H, and I 4 (hereinafter “person in charge of situation”), and F died in 1942, G died in 1927, and H died in 1920.

On June 21, 1969, the Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111) was enforced.

The owner of the forest of this case, on the grounds of the transfer of ownership under the Act on Special Measures, was entered into the C clan (C religious community).

On June 3, 1971, V, who is the grandchild of I, the assessment titleholder, was the representative of the above clan, and a document of application for registration of preservation of ownership with respect to the forest of this case, accompanied by a certified copy of the above forest register.

On August 12, 1971, the registration of preservation of ownership in the name of the same clan (hereinafter referred to as the "registration of preservation of ownership in this case") was completed in accordance with Article 11575, which was received by the Sungwon District Court of Sung-nam Branch of Gwangju District Court for the forest of this case.

On August 26, 1971, I, a well-known person, died.

Plaintiff

A is the son of F, the well-known, and the plaintiff B is the son of G, the well-known.

2. The parties' assertion

A. The Plaintiffs’ assertion that the forest land in this case was owned by F, G, H, and I 4 under the name of the assessment, and that said forest land was owned by F, G, H, and I.

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