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(영문) 창원지방법원밀양지원 2020.02.12 2019가단11687
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 1918, the Deceased was found to have been found to have been 36,893 square meters of forests and fields C, Si, Gun, not Gyeongnam, and Gyeongnam (hereinafter “the forests and fields before the division”).

B. The forest land before the division was divided into the instant land, etc. The Republic of Korea completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) on the instant land on June 26, 1969, and the achieved Farmland Improvement Association (the Calsung Farmland Improvement Association was incorporated into the Korea Agricultural and Rural Infrastructure Corporation on January 1, 200, and the Korea Agricultural and Rural Infrastructure Corporation finally changed the name of the defendant) completed the registration of ownership transfer of the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including additional number), and the purport of the whole pleadings

2. The assertion and judgment

A. Even if the forest before the Plaintiff’s assertion was owned by the deceased, Korea completed the registration of ownership transfer of this case without any cause and completed the registration of ownership transfer of this case to the Defendant.

However, after the death of the deceased, the deceased inherited the forest land before division or the instant land solely before division. D also died, the deceased inherited the forest land before division or the instant land independently, and the Plaintiff et al. inherited the instant land due to the death of the deceased.

Therefore, the Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the Plaintiff.

B. According to Article 2 subparag. 1 of the former Land Conservation Rule (Ordinance of the Prime Minister No. 45 of Apr. 25, 1914), Article 2 subparag. 1 of the former Land Conservation Rule provides that “no matter pertaining to the transfer of ownership shall be registered on land cadastre unless a notice of registration management is given: Provided, That this shall not apply where ownership is transferred due to the non-refluence, exchange, transfer, or expropriation of unregistered land, or where unregistered land becomes State-owned.” Thus, the entry of change on land cadastre in the former land cadastre cannot be deemed to have been made by a public official’s notification in accordance with the same provision, and the proviso of the same Article.

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