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(영문) 춘천지방법원강릉지원 2017.10.24 2016나51863
토지소유권확인
Text

1. Revocation of the first instance judgment.

2. It is confirmed that the previous 212 square meters is owned by the Plaintiff.

3. Action.

Reasons

1. Basic facts

A. On June 30, 1956, when the cadastral record on the D Forest of Gangwon-gun was destroyed due to a disaster of 625, and the area of the said D Forest was completed on June 30, 1956, the area of the said D Forest was 15th 4 square meters, and the owner’s column stated “C”.

B. Thereafter, on January 15, 1970, the parcels of forest land register on the 17th order of forest land management in the above D as above was restored, and the said parcels of land management register were written in the owner column as “C” and “E” in the address column.

C. On November 10, 1970, 200, among the above D forest land was divided into F, and the address and name of the owner column in the forest cadastral book was all blanks. On the same day, as the above F was registered as “BB 64 square meters” on the land cadastral map, the forest cadastral book for the said F was cancelled.

The address and name of the owner in the land cadastre of B B and 64 is also blank.

Since then, the previous 64 square meters was registered as 212 square meters (hereinafter “instant land”) prior to the Gangwon-gun in the public record. The registration of ownership preservation in the Defendant’s name was completed on March 5, 1995 on the land cadastre of the instant land and the registration of ownership preservation was completed on December 2, 1995.

E. However, on July 26, 2004 with respect to the instant land, the registration of ownership preservation in the Defendant’s name was cancelled due to the error in filing an application on July 26, 2004, and the registration of ownership ownership in C was completed again on the land cadastre of the instant land as of June 30, 1956.

F. Meanwhile, C died on April 5, 1963, and C was jointly inherited to G, I, and J as co-inheritors’ children, G, H, I (the Plaintiff’s father), and J. H died on or around 1968 without any child, while H was jointly inherited to G, I, and J.

G. On October 24, 1991, J was determined on August 24, 1991, on August 22, 1992, and on January 10, 1998, the adjudication of disappearance of the first branch court of Chuncheon District Court, respectively, and each death is deemed to be concluded. As both J and G’s senior co-inheritors became final and conclusive in the adjudication of disappearance, the Plaintiff became the sole heir of C.

[Judgment of the court below]

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