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(영문) 서울중앙지방법원 2017.08.09 2016가단5246414
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. According to the Forest Survey Division drawn up in the Japanese Occupation Period, the G is written on July 20, 1919 on July 20, 191, in the Gyeonggi-gu Forest land 1, 7 group 6 group 7 group - group - group - group 7 group - group - group - group - group

B. The State-owned forest ledger, which was based on the old forest ledger before destruction due to the disaster of 625 was recorded as the ownership of “H” in the forest ledger with which the entire nation-state forest land reverted, was recorded as the ownership of “H.” The forest ledger restored around 1952 was also registered as the ownership of H. The land before subdivision was divided into real estate listed in the annexed sheet No. 1 (hereinafter “instant land”).

C. On August 3, 1960, registration of ownership preservation was completed on the land of this case on August 3, 1960

(hereinafter “instant registration of initial ownership”) D.

The deceased on April 2, 1923, the deceased on April 2, 1923, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on December 26, 1981, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on December 26, 1981, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the deceased on the part of the deceased on the part of the deceased on the part of the deceased on December 21, 1981, the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on the part of the deceased on inheritance.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 2 (including number ; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. Since G is registered in the Forest Survey Division of the Plaintiffs’ assertion as the owner of the land prior to subdivision, G is presumed to have been assessed as the owner of the land prior to subdivision, and if it is found that there is another person to whom the said land was assessed, the presumption of registration of preservation of ownership in this case is significant.

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