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(영문) 수원지방법원안산지원 2019.05.10 2018가단55725
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 11, 1996, the first subdivision and registration was converted on May 11, 1996, and thereafter the status as of the closing date of pleadings is as follows.

(The number 1 to 3, and 6 is each real estate listed in the separate sheet). The number of real property indicated in the attached table is 8,552 square meters m2,000,000 m2,000 m2,000 m2,479 m2,000,000 m2,00,000 m2,000,000,000 m2,000 m2,479 m2,000 m2,00,000 m2,00,000 m2,000 m2,0

B. On November 11, 1922, 1922, P acquired ownership after the K acquired the assessment of the instant real estate in the forest land register of this case.

C. On July 23, 1971, Q, the grandchildren of P, completed the registration of preservation of ownership (hereinafter “registration of preservation of ownership”) by Act No. 19388, which was received by the court pursuant to the former Act on Special Measures for the Registration of Transfer of Forest and Forest Ownership (Act No. 2204) with respect to the forest of this case.

Q died on March 21, 2003, and the defendants are the denial of the net Q and their children and their property successors.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-8, Eul evidence Nos. 1-4, the purport of the whole pleadings

2. The summary of the cause of the instant claim is the real estate assessed by O, and Q has completed a false registration of ownership preservation.

Therefore, the Plaintiff, who is a co-property heir of the instant real estate, is the heir of Q, seeking the cancellation of registration of preservation of ownership as an act of preservation.

3. Determination

A. As to the forest land for which registration of preservation of ownership has been made under the Act on Special Measures for the Transfer of Forest Ownership in accordance with the relevant legal principles, the registration shall be presumed to be a registration that has been completed in accordance with the substantive legal relationship, even if it is found that there is a separate person in charge of the forest land.

Therefore, it has been made in accordance with special measures.

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