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(영문) 서울중앙지방법원 2020.07.15 2019가단5003441
소유권보존등기말소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On July 30, 1919, the deceased B (hereinafter “the deceased”) and five other (C, D, E, F, and G) were assessed against the two divided categories of GH forests and fields of Gyeonggi-gun, G around July 30, 1919.

B. The said Gyeonggi-gun’s H Forest was divided into 6 5 m3 m3, and 6 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,000 m3,0

C. On May 31, 1966, the cadastral map, a copy of the register, etc. was destroyed due to the disturbance, etc. as to the I land and the instant land, and the restoration registration was completed.

The category of land in the old forest register for the restoration of I's land (No. 5-1) is forest and field, and the owner is five, and the owner is also B and five, not the owner in the restoration registration.

However, the category of land in the old forest register (No. 5-2) that was restored to the land of this case is roads, and the number of owners is vacant eggs.

(1) The forest register shall be written as the "receivation of the owner".

On the other hand, the land of this case is classified and used as a site for roads connecting Gwangju-gun and Suwon-gun from December 1, 1938, which was the Japanese colonial occupation period.

On December 1, 1938, the above road was designated and announced as the first local highway K around December 1, 1938, and was designated as national highway L around October 30, 1990, and was abolished in the national highway L section, and is currently designated and managed as Gwangju City City City M.

E. On August 3, 1996, the head of Gwangju Gun publicly announced without real estate to acquire ownership in accordance with the provisions of the State Property Act regarding the land of this case, and thereafter, on March 20, 1997, the defendant completed the registration of ownership preservation as the receipt No. 11990 on March 20, 197.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 6, 10, 11, and 12 (if there are serial numbers, including each number; hereinafter the same shall apply) and images, fact-finding reply to the Gwangju City market, and oral argument.

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