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(영문) 제주지방법원 2018.01.24 2016나5757
소유권보존등기말소 등 청구의 소
Text

1. Paragraph 1 of the judgment of the court of first instance, including a claim for a change in the order of addition or determination in the trial, is as follows.

Reasons

1. Basic facts

A. On August 20, 1913, the ownership was transferred under the name of the State on August 20, 1913 with respect to the real estate of No. 2,071 (hereinafter referred to as “No. 2,071”) prior to Jeju Island, and the ownership was transferred under C on September 2, 1925.

(see, e.g., Judgment of the Ministry of Land, Infrastructure and Transport at the time of Japanese colonial rule).

After that, the land was divided into D forest land 2,024 square meters and the remaining land after the land category was changed into forest land around 1943, and the aforementioned D forest land 2,024 square meters was converted into the area unit on December 1, 1979 and became D forest land 6,691 square meters (hereinafter “land before the instant subdivision”).

C. The Plaintiff’s father E was enacted on December 8, 1980 by Act No. 3094 of December 31, 1977 regarding the land before the instant subdivision.

(1) The Act provides that “Special Measures Act” shall be construed as “Special Measures Act and, if necessary, specified pursuant to subparagraph (1) of the Act.

Based on the foregoing, the name of the landowner was changed. However, on September 1, 1981, the change of ownership was cancelled based on the same Act. Since then, on December 5, 1988, 208, the land prior to the instant subdivision was divided into F-type land with a size of 208 square meters, and the land prior to the instant subdivision was 6,483 square meters of forests and fields. On September 1, 2006, the said land was divided into G land with a size of 1,164 square meters and 5,319 square meters of forests and fields (hereinafter “instant land”).

The F land partitioned as above was combined into D land on June 1, 2010 and cancelled, and the category of G land was changed to a road on August 17, 2012. E. While the fact of change of land cadastre was cancelled, the Defendant changed the name of the owner of land cadastre under his/her own name on October 31, 2007 based on the Act on Special Measures (Act No. 7500), and on November 16, 2007, the registration of ownership preservation (hereinafter “registration of ownership preservation”).

The court completed the proceedings.

F. On November 16, 2007, the Defendant registered the ownership of F-road 208 square meters and G forest 1,164 square meters.

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