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(영문) 대전지방법원 2019.07.25 2018구합1062
지상권,소유권 존재 확인
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case history

A. The registration of ownership transfer in the name of the State on June 24, 1983, and the registration of ownership transfer in the name of Chungcheongnam-do on May 4, 2010, respectively, was completed for the land listed in the separate sheet (hereinafter referred to as “the land in this case”), for the land in this case as indicated in the separate sheet.

B. On the instant land, approximately 800 glus piracys (hereinafter “the instant sea transmission”) was created depending on the coast.

The registration of standing timber, the survey of trees, etc., shall be applied for registration with the City Mayor by attaching the relevant documents prescribed in Article 5 of the Enforcement Decree of the Standing Timber Act to the matters to be handled by the head of the relevant Si/Gun: Provided, That with respect to Boan City C and D (State property before May 4, 2010), which is the Do-owned property, there is no evidence to prove that the civil petitioner continuously managed it (ownership, superficies, lease, loan of use, deposit, etc.), and there is no evidence to prove that the ownership of pine trees in the Do-owned property has been continuously managed after planting trees.

On March 27, 2018, the Plaintiffs filed an application with the Defendant for the registration of standing timber in this case, and the Defendant respondeded to the Plaintiff B on April 4, 2018.

On June 8, 2018, the Plaintiffs sent to the Defendant an official document stating that the Plaintiffs are directly planting and managing the instant marine transmission (hereinafter “instant civil petition”). On June 21, 2018, the head of the Chungcheongnam-do Forest Resources Research Institute sent to the Plaintiff B with the following content:

(hereinafter referred to as “the instant reply.” The instant civil petition is understood as a request for confirmation of ownership to file an application for registration of standing timber on the part of the Do property, and answer as follows:

Since the exchange with state property in 2010, the place is to be managed as healthy forests in our Do.

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