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(영문) 춘천지방법원강릉지원 2017.06.27 2016나51115
지적복구등록사항 말소절차 등 이행의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the facts are as follows. The court’s reasoning is that the “E 293 square meters” in the second part of the judgment of the first instance is “E 293 square meters” and the “G595 square meters in the G55 square meters in the G595 square meters in the G595 square meters in the Geumwon-gun in the same side (hereinafter “the forest of this case”) is the same as the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning of this part of the Plaintiff’s assertion is that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. We examine ex officio the lawfulness of the instant lawsuit.

A. In a lawsuit seeking confirmation of invalidity of a cadastral recovery procedure, the benefit of confirmation is recognized when it is the most effective and appropriate means to obtain a confirmation judgment in order to eliminate the anxiety, risk, and risk in the rights or legal status.

The land before subdivision and the forest land of this case are the same land, and there is a separate land cadastre and forest land register due to double restoration and there is a double preservation of ownership based on each ledger as seen earlier.

In such a case, the Plaintiff may eliminate the Plaintiff’s legal rights or status in relation to the cadastral record, which was double-registered through a lawsuit seeking registration of initial ownership, against F, the owner of the instant forest and field, and thus, it is unlawful to seek confirmation of invalidity of the cadastral restoration procedure for the instant forest and field, rather than such fundamental means.

(b)an act of changing certain matters entered in the cadastral record on the part of the request for cancellation of the forestry cadastral book is intended to serve as data for convenience in the execution of administrative affairs and for certification of facts, not to cause any change in the substantive legal relationship with respect to the land in question, but to the extent of

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