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(영문) 춘천지방법원 2017.08.23 2017나50338
소유권이전등기말소
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the Chuncheon District Court was used for each of the 2, 17, and 2, 2, 2, 2, 2, 2, 3, 3, 3, 3, and, except for the addition of the judgment as to the preliminary claim added in the trial under paragraph (2) below, the part of the reasoning of the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this is acceptable as

2. Judgment on the conjunctive claim

A. The real estate listed in the separate sheet Nos. 1 and 2 of the plaintiffs' assertion of each of the real estate of this case constitutes "farmland which is a grave land" as stipulated in Article 1008-3 of the Civil Act, and the real estate listed in paragraph 3 of the separate sheet falls under "Yyang Forest" as stipulated in the same Article. Thus, the ownership of each of the real estate of this case to the defendant F, who is in the presence of a

Therefore, the Plaintiffs, who belong to a family member, seek against Defendant D the implementation of the procedure for registration of cancellation of ownership transfer registration made in the name of Defendant D with respect to each of the instant real estate, and seek against Defendant F the confirmation that each of the instant real estate is a gold-sea forest or spawn farmland.

B. Article 108-3 of the Civil Act provides, “The ownership of a seeded forest within the scope of one information pertaining to a tomb, farmland of not more than 600 square meters, farmland of not more than 600 square meters, and farmland of a tombstone and an embankment shall be succeeded by the person in charge of the memorial.” The term “gold-dried forest” means the forest in which trees are prohibited and raised in order to protect the grave of an ancestor, and the term “land which is a grave” means the farm which is the cause of the person raising the expenses for the protection, management, or removal of the grave resulting from the cultivation of the grave.

Therefore, just because a grave is installed on a parcel of land, it can not be immediately deemed as a spawn forest or spawn farmland, and a whole spawn forest or spawn land is considered as a whole in light of the current state of forest or farmland

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