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(영문) 수원지방법원 2015.11.12 2015나29623
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 21, 1972, the Plaintiff’s attached, purchased from Qu, the 1st 4 square meters of Pyeongtaek-si E forest (10,296 square meters; hereinafter “instant purchased forest”).

B. On October 29, 1973, part of the purchased forest land of this case was incorporated into the Korea Agricultural Promotion Corporation, which is a telegraph of the defendant, and the Korea Agricultural Promotion Corporation paid the purchase price to C through consultation with C around October 29, 1973.

C. On August 1, 1974, the purchased forest land of this case was divided into 6 mix 9,521 square meters and 3 mix 6 mix 9,521 square meters, and I forest land and 5 mix 2, which is the ditch part, and the ownership transfer registration was completed in the name of the Korea Agriculture Promotion Corporation on March 18, 197 after the land category of the said I forest and the instant forest changed into a ditch on the same day.

C On May 18, 1989, with respect to access roads, farming houses, and storage sites with respect to 1,592 square meters in Pyeongtaek-si F and H forests, and with respect to forest damage permission, C, with respect to the said land and adjacent adjacent land of 1,574 square meters (hereinafter “instant adjacent land”), and completed a completion inspection on June 9, 1989, with a farming house and warehouse (hereinafter “instant farming household, etc.”) located on the ground of 974 square meters in the attached land cadastral map in the attached Table among the said land and adjacent land of Pyeongtaek-siJ (hereinafter “instant adjacent land”), and began to construct a fence of the farm in accordance with the boundary of the adjacent land and manage it separately from the adjacent land.

E. C, on June 26, 2003, donated both the instant farm and its site to the Plaintiff, a son, etc., and the Plaintiff thereafter occupied the instant forest while managing the said farm.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 11, Gap evidence 13, 14, Eul evidence 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The purport of the Plaintiff’s assertion is that the father C.

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