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(영문) 수원지방법원 2015.05.21 2014가단51882
소유권보존등기말소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 25, 1916, J (J) was assessed on March 25, 1916 on the 3rd 3rd 3rd fluor of K-gun in Suwon-gun, Gyeonggi-do (hereinafter “the forests before the instant subdivision”).

B. Before the instant partition, the forest was divided into 13,190 square meters of L forest (hereinafter “the instant forest”) and 19,736 square meters of M forest (hereinafter “M forest”). On June 1936, 193, the Gyeonggi Suwon-gun N was divided into “Yan EupO,” “U, 1949,” “U, 1963,” and the name of the administrative district was successively changed to the “YYY P, 198.”

C. Q died on December 24, 1923, and R, his children, succeeded to the instant land before the instant partition. R also died on March 22, 1950, which was his children, succeeded again to the instant land. As S died on May 12, 1980, the Plaintiffs received each inheritance of the instant forest land.

The registry and cadastral record on the forest of this case were lost at the time of the Korean War, and were restored only to the cadastral record on September 10, 1955. The defendant completed the registration of preservation of ownership in the name of the defendant as to the forest of this case (hereinafter “registration of preservation of ownership”) by the head of Suwon District Court and the head of Suwon District Court No. 12534 on May 25, 1963.

On the other hand, on June 7, 1929, the registration of ownership transfer in the name of the defendant was completed with respect to M forest.

E. From October 1937, the Defendant started construction work for the construction of a luminous reservoir in the instant forest and its primary zone from around October 1937, and completed construction work on December 11, 1940. Of the instant forest, the considerable part of the instant forest is set aside in the luminous reservoir and is used as a book created by the Defendant, and the Defendant occupies and manages the instant forest.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 through 5 evidence (including branch numbers in the case of provisional evidence), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs succeeded to the instant forest land with descendants of J, who was in charge of the assessment of the instant forest land.

Inheritance Shares are the plaintiffs A, B, 6/30, plaintiffs C, F, G, and H.

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