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(영문) 의정부지방법원 2014.01.08 2013가합8967
임야소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) E was found on October 10, 1917, which was at the time of the land survey project during the Japanese occupation occupation period, on the 1917 KY 4 forest land in Yangju-si on October 10, 1917. 2) E was dead on February 12, 197, with the plaintiff son and son (the plaintiff son) between F and his child on February 12, 1974 (Marriage of June 11, 1969), Samnam, G, Ham I (Marriage of December 18, 1966), T women J, Ham K, and Man L (Marriage of September 28, 1971).

In addition, on July 3, 1953, Ma, South Korea, died after having left N and his/her sonO, which was before E died.

3) On April 19, 1965, the Defendant completed the registration of preservation of ownership on the 8th portion of C forest land in Yangju-si as to the 4th portion of C forest land in Yangju-si. 4) On August 29, 2008, the 8th portion of C forest land in Yangju-si was divided into 40,196 square meters of C forest land and 7,407 square meters of D forest land (hereinafter collectively referred to as “the instant forest”).

[Reasons for Recognition] Evidence Nos. 1, 3 through 5, Evidence Nos. 1 and 2, the purport of the whole pleadings

B. The person stated in the judgment of the competent Minister as the owner is presumed to be the owner, and the presumption of registration of preservation of ownership is broken if a person other than the title holder of registration of preservation is found to have received the assessment of the pertinent land. Thus, barring any special circumstance, the defendant is liable to implement the registration procedure for transfer of ownership on the ground of the restoration of real name with respect to the 6/20 shares out of the instant forest land, which inherited the 6/20 shares

(1) The plaintiff filed a claim against the defendant for the aforementioned purport as to the above portion of 14/20 shares exceeding the above-mentioned shares among the forest land in this case, but there is no evidence to prove that the plaintiff acquired 14/20 shares out of the forest land in this case, and thus, the plaintiff's claim for this part of this case is not accepted).

A. First of all, the defendant's father P purchased the forest land of this case from E at the end of Japanese occupation, and acquired its ownership, and the above registration of preservation of ownership corresponds to the substantive legal relationship.

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