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(영문) 서울중앙지방법원 2015.06.02 2014가단5004173
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Gu forest register prepared during the Japanese occupation occupation period, it is written that on March 30, 1918, E was under the circumstance of E on March 30, 1918.

B. On October 10, 1934, the land before the instant subdivision was divided into the 6th 1st f forest land in Gyeongnam-gun, Gyeongnam-gun, the 6th 1st f forest, the 2nd 1st f road, the 3rd f road, and the 13th f road. The owner of the said land (hereinafter referred to as “F land”) changed to the representative G in the Ath fish. The owner of the said land and the 3th f land (hereinafter referred to as “the instant land”) was changed to the “road.”

C. On October 28, 1971, the Plaintiff filed an application for registration of preservation of ownership in the name of the F Forest No. 1 of the above 1 F Forest No. 6th on October 28, 1971, stating the location D before subdivision as at the time of applying for registration of preservation of ownership in the name A pursuant to the Act on Special Measures for Real Estate, and applying for registration in the name of the F Forest No. 6th 1st 6th 1st am after subdivision, and thus, registration of preservation of ownership was owned

Since then, on March 2, 2004, the number of F land in Gyeongnam-gun was changed from D to F, and the name of the plaintiff was changed on the same day.

E. Meanwhile, the instant land is unregistered until now.

[Ground of recognition] Evidence No. 2, Evidence No. 1, 2, A4, Evidence No. 13, Evidence No. 2, and evidence No. 3, the purport of the whole pleadings

2. Determination

A. According to Article 2 of the former Rules on Land Conservation (Ordinance of the Ministry of Government Administration and Home Affairs No. 113 of August 23, 1920) which was applied mutatis mutandis under Article 2 of the former Rules on Land Conservation (Rules No. 113 of the Ministry of Land, Infrastructure and Transport of August 23, 1920) regarding the cause of the claim, “matters concerning the transfer of ownership shall not be registered in the forest register unless the notice of the management of registration has been given

In addition, forest land belonging to the nation shall be included according to the forest land register before destruction due to a disaster of 625.

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