Plaintiff (Attorney Yu-won et al., Counsel for the plaintiff-appellant)

Chuncheon and 1 (Attorney Lee Jong-chul, Counsel for the defendant-appellant)

December 4, 2009

Chuncheon District Court Decision 2006Kadan16119 Decided November 18, 2008

1. The plaintiff's appeal is all dismissed.

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

The judgment of the first instance shall be revoked.

1. As to Defendant Chuncheon, the Plaintiff:

(a) Registration of the preservation of ownership completed with No. 710 on July 9, 1973 with respect to part 30 square meters on a ship, which connects each point of (1) section 1, 2, 3, and 1, in sequence, among the lands listed in the attached Table 1, each point of (2) the registration of the preservation of ownership, which was completed with No. 710 on July 9, 1973, with respect to part 30 square meters on the ship;

(b) In the order of 110 square meters and 24, 23, 23, 24, 36, 36, 46, 36, 46, 46, and 94, and 16, 27, 36, 364, and 166, 36, 36, 46, 46, and 96, 36, 47, 36, 46, and 58, and 150, connected in order of 110, 110,40 and 111, among the lands listed in the attached Table 2, 11,7, 10, 100, 12, 12, 14, 15, and 26, 36, 36, 46, 24, 25, and 15 of the same drawings, among the lands listed in the attached Table 2, 36, 146, 364, 25,414.

(c) a registration of preservation of ownership, completed on March 14, 1973 with No. 2723 on the part of 5,939 square meters in the ship connecting each point of the attached sheet No. 85, 73, 72, 71, 74, 78, 77, 79, 80, 80, 81, 82, 83, 84, and 85 among the land listed in the attached list No. 3 of the attached list;

(d) the registration of initial ownership completed on March 14, 1973 with respect to the portion 2,38 square meters in the ship connecting each point of 85, 84, 86, 87, 88, 89, 67, 66, and 85 square meters in order of the annexed drawings among the lands listed in the annexed list Nos. 4, the annexed list, which was completed with No. 2623 on March 14, 1973;

Each cancellation registration procedure shall be implemented.

2. The defendant Republic of Korea shall:

A. Of the land listed in attached Table 5 of the list, the Plaintiff implements the procedure for registration of cancellation of registration of ownership preservation completed as of December 24, 1996, 4096, which was completed as of December 24, 1996, with regard to the portion of 84 square meters connected in order to the Plaintiff and each of 57, 58, 59, 60, 52, 53, 54, 55, 56, 57 square meters in order to indicate 295 square meters in the same drawings, among the land listed in attached Table 5 of the list;

B. Of the land listed in attached Table 6, among the land listed in attached Table 26, 25, 21, 20, 27, 28, 29, 30, 32, 33, 34, 98, 35, 36, 37, 38, 39, 40, 229 square meters, and 98, 34, 32, 32, 30, 99, 101, 102, 103, 104, 105, 106, 107, 108, 108, 109, 170 square meters, among the land listed in attached Table 6, the Plaintiff’s share in the ship is confirmed to be owned by the Plaintiff.

1. Basic facts

The following facts are not disputed between the parties, or can be acknowledged by comprehensively considering the whole purport of pleadings in each entry of Gap evidence of 1 through 12, Eul evidence of 14 through 18, Eul evidence of 9, Eul evidence of 13 through 19, Eul evidence of 22, Eul's evidence of 22, Eul's evidence of 1 through 6 (including branch numbers; hereinafter the same shall apply).

A. On July 10, 1939, a written statement of incorporation into a reserved forest, drawn up on July 10, 1939, is written by the owner of the 3-3-3 forest land in the Dongcheon-gun, Gangwon-do and two 2-2 forest land 4-3 (hereinafter “former 3-3 forest land”) who is Nonparty 1, and the owner of the 3-5 forest land 3-5 forest land 1-5 forest land 1-7 forest land 9 (hereinafter “former 3-5 forest land”) in the same Risan-do (hereinafter “former 3-5 forest land”).

B. In 1939, the inside Dong-gun was the new Dong-dong in 1939, the Chuncheon-gun in 1946 was the Chuncheon-gun in 1946, the Chuncheon-gun in 1949, the Chuncheon-gun in 1949, the new Dong-dong in 1989, and the Sung-gun in Chuncheon-gun in 1, 1992, and the administrative jurisdiction was changed to the Chuncheon-si in 1, 1995, by integrating the Chuncheon-gun and Chuncheon-gun in 1, 1995.

C. The official cadastral record and the register of one unit, such as the forest and field in mountain 3-3 and the forest and field in mountain 3-5 of the Gu, were destroyed by the outbreak of June 25 War.

(d)each land listed in the separate sheet (hereinafter referred to as only the parcel number is indicated) was cadastral restored on April 23, 1967; and

(1) On May 3, 1971, the 2nd 5th 5th YY was divided into the 4th 5th YYYYYYY 4-1 YYY 4th YYY 5th YYYY 4th YYYY 4th YYYY 4th YYY 4th YYY 4th YY 9th YY 9th YY 4th YY 4th mY, 1973, and the 1st mY 4th mY 49,091st m2

(2) On June 14, 1968 with respect to the land indicated in attached Table 2, Defendant Ycheon-si filed a registration of preservation of ownership on the land on June 14, 1968. The said land became 6-2 forest land 97,235 square meters in mountain, 6-3 forest land in mountain, 2,364 square meters in mountain, 6-4 forest in mountain, 6-5 forest in mountain, 11,955 square meters in mountain, 6-5 forest in mountain, 33 square meters in mountain, 441-2 cemetery, 441-2 cemetery, 441-3 cemetery and 588 square meters in mountain, following the process of subdivision and land category change.

(3) On May 3, 1971, 7-1 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7 forest 7-2 forest 6 forest 7 forest 6 forest 7 forest 7-2 forest 7 forest 7 forest 7 forest 6 forest 7 forest 7 forest 7 forest 6 forest 7 forest 7 forest 6 forest 7 forest 7 forest 7 forest 5 forest 8 forest 8 forest 8 forest 8 forest 7 forest 19

(4) On November 28, 1986, a 576 square meters for a 6,195 square meters for a 576 square meters, divided into 1,756 square meters for a 576 square meters, 576-1 square meters for a 576 square meters, 3,575 square meters for a 576-2 square meters, and 864 square meters for a 576-2 square meters for a 864 square meters for a 576-2 square meters (attached Table 5), and the Defendant Republic of Korea made a registration of preservation of ownership on December 24, 1996

(5) On May 1, 1968, the 4-12-1 forest land in Busan was restored to the owner on May 1, 1968. On August 28, 1989, the forest land was divided into 4,562 square meters and 12-1 forest land in mountain and 35,603 square meters (attached Table 6). At present, the forest land in mountain 12-1 remains unregistered.

E. Meanwhile, the non-party 1 died on January 3, 1950, and the south is the non-party 2, and the non-party 2 died on May 10, 1956, and the south is the plaintiff.

2. The plaintiff's assertion

A. The former 3-3 Forest Land was owned by Nonparty 1, and the former 3-5 Forest Land was owned by Nonparty 1 and 5. The Plaintiff, via Nonparty 2, succeeded to 1/6 shares of the former 3-3 Forest Land and 3-5 Forest Land and 1/6 shares of the former 3-3 Forest and 3-5 Forest.

B. The former forest land No. 3-3, as indicated in the attached Form No. 1, was restored to the land part of each land indicated in the attached Form No. 3-3, and as part of various lands, such as the academic valley No. 5 forest land located in Chuncheon City. The former forest land No. 3-5, as part of the land listed in the attached Table No. 6, and as part of various lands, such as the academic valley No. 10 forest land located in Chuncheon City.

C. Therefore, without any legal cause, paragraph (1) of the purport of the claim among the lands listed in the annexed Table 1 through 4, for which the registration of preservation of ownership has been completed in the name of Defendant Chuncheon City without any legal cause, shall be stated as ①, ②, ④, ④, ⑤, ④, 7, 8, 9, ④, ④, and ④, without any legal cause, as to the land listed in the annexed Table 5, for which the registration of preservation of ownership has been completed in the name of the Defendant Republic of Korea, and ②, for the land listed in paragraph (1) of the purport of the claim among the land listed in the annexed Table 5, the title of which is stated in the attached Table 6, the title of paragraph (2) of the purport of the claim shall be sought against the Defendant Republic of Korea

3. Determination

A. Part on the claim for ownership confirmation

Where there is a person who has been registered as an owner in the register or the land cadastre or the forest land cadastre, an application for registration of preservation of ownership may be filed against the State in a lawsuit against the nominal owner when it is confirmed that the relevant real estate is owned by the applicant for registration of preservation of ownership. Thus, the application for registration of preservation of ownership against the State is unregistered, and there is no land registration; there is no registrant on the land cadastre or the forest land cadastre; there is no identity of the registrant; and there is a benefit of confirmation only when there are special circumstances such as the State's refusal of ownership by a third party who is a registered titleholder (Supreme Court Decision 95Da14817 delivered on July 25, 1995, etc.).

As seen earlier in this case, the land listed in the separate list No. 6 is registered as owned by Defendant Chuncheon City in the unregistered or forestry register, and there are no special circumstances, such as the Defendant Republic of Korea asserts that the said forest is its own ownership. Therefore, the Plaintiff’s claim against Defendant Republic of Korea for confirmation of ownership of the said forest does not have any interest in confirmation.

B. Part on the claim for cancellation of registration of preservation of ownership

First of all, as to whether the former 3-3 forest land has been cadastrally restored due to part of each land listed in the separate sheet as alleged by the plaintiff, as to whether the land in the separate sheet No. 13, 15, 18, Eul No. 21, Eul No. 21, Eul No. 22-7, 8, 10, Eul No. 2 and 5, the overall purport of the arguments as to the appraisal as of December 14, 2007, the land in the previous 3-3 forest land and the surrounding topography are located within the same administrative district, and some similar facts are acknowledged. Meanwhile, according to each of the above evidence, it is considerably different between the area of the forest land included in the separate sheet No. 3-3 forest land included in the original 3-3 forest land and the area claimed by the plaintiff (i.e., the area calculated by the above appraisal result), and the area of each land claimed by the plaintiff cannot be acknowledged differently from the area of each land in the previous 3-3 forest land.

Therefore, the plaintiff's assertion on this part is without merit to examine the remainder of the issue.

4. Conclusion

Therefore, the part of the plaintiff's lawsuit against the defendant Republic of Korea as to the claim for confirmation of ownership is unlawful, and the plaintiff's claim against Chuncheon City and the remaining claims against the defendant Republic of Korea shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is so decided as per Disposition.

[Attachment of Land List and Appraisal]

Judges Cho Chang-sung (Presiding Judge) Contribution to the Immigration Act