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(영문) 대법원 2019.01.31 2018다287751
소유권이전등기
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Registration completed in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111, May 21, 1969; Act No. 2204, Jun. 18, 1970; hereinafter “Special Measures Act”) is presumed to be registration that conforms to the substantive legal relationship, and registration is deemed to have been completed in accordance with Article 9143, Dec. 19, 208; and registration is not completed within 16 months after the date of entry into force of the Act, unless it is proved that a letter of guarantee or confirmation prescribed in the Special Measures Act is false or forged, or that it was not duly registered due to any other reason (see, e.g., Supreme Court Decisions 87Meu63, Nov. 10, 1987; 200Da71388, 71395, Nov. 22, 2001; 201).

Therefore, if the registration was made within the registration period under Article 11 of the Act on Special Measures for the Development of Residents, which was amended by Act No. 2204 on June 18, 1970, it is reasonable to view the registration was made within the registration period under the Act

In a case where the statutory number at the time of the enactment of the Act on Special Measures is stated in the register, such conclusion shall not affect the above conclusion because it can be seen as a purpose of indicating that it is a registration under the Act.

2. According to the lower judgment, the following facts are revealed.

The plaintiff completed the registration of transfer of ownership on December 12, 1962 with respect to C Forest land 3 8 - 6 - 3 - 8 - from the time of the separation.

B. On October 14, 1969, the forest was 29,257 square meters of the forest as the unit conversion of the area after the 2nd 5th 5th Mao-si, Sinjin-si, 1969;

hereinafter referred to as "the case."

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