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(영문) 광주지방법원 2019.04.17 2018나59785
소유권확인
Text

1. Revocation of the first instance judgment.

2. The defendant on February 18, 2005 with respect to H forest land 2,281 square meters in Gwangjuyang-si, the plaintiff on February 18, 2005.

Reasons

1. Indication of claim;

A. The land of this case (hereinafter “the forest of this case”) was transferred to the Defendant’s ownership on January 21, 1930, as the unregistered land divided on November 20, 1924 from D forest in Mineyang-si, where the Republic of Korea was under the circumstances of the Republic of Korea, and the land was transferred to E by the Defendant on January 21, 1930.

B. E died on November 19, 1939, and the Defendant inherited.

C. On October 6, 1946, when the Plaintiff died on October 6, 1946 from a person who acquired the instant forest land from E or the Defendant or another person who acquired the instant forest land by acquiring the ownership of the instant forest, the Plaintiff acquired the ownership of the instant forest by solely succeeding to the ownership of the instant forest and owned it up to the present time (the Plaintiff had resided in the vicinity of the instant forest up to the present time, cultivated the instant forest, cultivated the instant forest, and installed a family grave in the instant forest).

On February 18, 1985, the Plaintiff completed the registration of change of ownership in the forest of this case under the provisions of "former Act on Special Measures for the Registration, etc. of Ownership Ownership" (Act No. 3562) but the registration of change of ownership in the forest of this case was cancelled on July 1, 1985, when the period of implementation of the said Act had expired while the application for registration of change of ownership was delayed.

Accordingly, even until now, “E” is registered as its owner in the forest land register of this case, and the date of ownership change is registered as “E” on January 21, 1930.

E. On February 18, 2005, after the lapse of 20 years from February 18, 1985, counting from February 18, 1985, the Plaintiff commenced possession of the forest of this case as owner’s intention, the Plaintiff demanded the Defendant to implement the registration procedure for transfer of ownership based on the completion of the above prescriptive acquisition as to the forest of this case.

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);

3. If so, the defendant's conclusion is based on the completion of the above prescriptive acquisition as to the forest of this case.

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