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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Grounds for claim;
A. The owner column of the forest survey report on the Gyeonggi-do Gyeonggi-gun C Forest and 40,700 square meters (hereinafter “instant land”) indicated the “state” and the “D”, the Plaintiff’s fleet in the relative column, respectively.
The cadastral record of the above land was destroyed by the disturbance of 6.25, but the cadastral record was restored on December 30, 1965, and the above D was restored to a situation in the Gu forest register, and the area and unit was subsequently changed to 40,364 square meters.
B. On May 27, 1996, the Defendant registered as an owner and completed registration of ownership preservation in its name on October 29 of the same year, when restoring cadastral records in the forest land register.
C. The above D died on September 18, 1942, and the Plaintiffs inherited 1/2 of the deceased’s property before the former.
A. According to the facts stated in the above paragraph (a), the net D is presumed to have received the assessment of the instant land, and thus the presumption of registration of ownership preservation in the Defendant’s name was broken, and the Defendant is obligated to implement the registration procedure for ownership transfer registration as to shares 1/2 of the instant land to the Plaintiffs, the heir of the deceased, for the purpose of restoring the real name.
2. Determination: Articles 3 and 10 of the former Decree on the Investigation of Forest Land (Ordinance No. 5 of May 1, 1918, repealed; hereinafter the same shall apply); Articles 1 and 9 of the Enforcement Rule of the said Decree (Ordinance No. 38, repealed; hereinafter the same shall apply); Articles 27, 51, 77, and 79 of the Enforcement Decree of the said Decree (Ordinance No. 59, Nov. 26, 1918; hereinafter the same shall apply); Articles 7 and 79 of the said Decree; Articles 1 and 2 of the said Decree (Ordinance No. 7, Apr. 5, 1926; hereinafter the same shall apply); Articles 1 and 7 of the said Enforcement Rule; Articles 1 and 7 of the said Decree; Articles 1 of the said Enforcement Rule; hereinafter the same shall apply); and Articles 1 and 7 of the said Decree are recorded in the forest and field column as the owner’s address in the forest and field column prepared by the Ordinance at the time of the investigation.