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1. The Defendants share 6545 square meters of H forest in Ulsan-gun, Ulsan-gun, and one-third of each of the aforesaid I forest land of 16780 square meters to the Plaintiffs.
Reasons
Where registration of preservation of ownership has been made pursuant to the Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (hereinafter referred to as the "Special Measures Act"), there is a separate person in charge of the assessment
Even in cases where a registration is made in the name of another person prior to the registration titleholder’s land cadastre, such registration is presumed to have been completed in accordance with the legitimate procedures prescribed in the Act on Special Measures and in conformity with the substantive legal relationship. Therefore, a person who intends to file a claim for the cancellation of registration of ownership preservation, which has been made under the Act on Special Measures through a lawsuit, shall assert and prove that the registration of ownership preservation was not made lawfully due to the existence of a false preparation or forgery of a letter of guarantee and a confirmation prescribed in
In this context, a letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation which does not fit the truth, and even if a person who has completed registration in accordance with the Act on Special Measures claims that he/she acquired a right in accordance with other causes of acquisition even if he/she recognizes that the causes of acquisition stated in the letter of guarantee or written confirmation are different from the fact, it is obvious that the registration in accordance with the Act on Special Measures for Special Measures for Special Measures cannot be completed in his/her assertion, such as the case where the date of the cause of acquisition is not applicable to the Act on Special Measures for Special Measures
Unless there are special circumstances, such as where it is obvious that it is a dead tool, the presumption power of registration completed under the Act on Special Measures cannot be deemed to be broken solely for the above reasons, unless there are other special circumstances, but if it has been proven to the extent that the facts of the cause of acquisition newly asserted by other data are not true, the presumption power of registration is broken.
In addition, the degree of proof of falsity such as the letter of guarantee is proved.