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(영문) 의정부지방법원 2014.09.04 2013나52777
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 10, 1922, the Gyeonggi-do Research Report on Forest Land T (hereinafter “instant Forest Survey Report”) reported that D is the owner of the 1st 4th 4th Y of the forest land B (11 years in 19,00,000 square meters in size; hereinafter “instant assessment land”) and stated that the said forest was inspected around that time.

B. On May 27, 1963, Hancheon-gun completed the registration of ownership preservation on the land of this case, and the defendant completed the registration of ownership transfer on April 2, 1983 due to the acquisition due to the change of administrative district.

C. On June 10, 1993, the assessment land of this case is divided into B forest No. 14,335 square meters and E forest No. 45 square meters. The assessment land of this case is divided into B forest No. 14,335 square meters on December 10, 2008 and F forest No. 246 square meters on December 10, 2008. Ultimately, the assessment land of this case was divided into each real estate listed in the separate sheet (hereinafter “each land of this case”).

The plaintiff Chocheon-gun, a Chocheon-gun, lived with his permanent domicile in Gyeonggi-do G, and died on September 4, 1954. He was declared missing on February 11, 1979 and deemed as deceased on December 31, 1953. Thus, the plaintiff, a family heir, as a head of D, according to the custom as of September 4, 1954, before the Civil Act enters into force, inherited D's property solely.

【Ground of recognition】 In the absence of dispute between the parties concerned, Gap evidence 1-1, 2, 2-4, Gap evidence 5-1 through 3, Gap evidence 6-1 through 3, Gap evidence 7, Gap evidence 8-1, 2, and 13, the inquiry results of the fact-finding by the court of first instance, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Although it cannot be readily determined that a person who is registered as an owner in the column of the owner in the relevant legal reasoning and survey report on forest land has become final and conclusive through the assessment of forest land, it is deemed that he/she is the owner of the forest land unless there is any counter-proof such as the change in the content of the

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