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(영문) 춘천지방법원속초지원 2015.11.17 2013가단3127
소유권보존등기말소
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, among the 49,837 square meters of Gangwon-gun B forest land in Gangwon-gun, Gangwon-do.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the entries in Gap evidence 1 to 8 (including a serial number; hereinafter the same shall apply), the results of the measurement, appraisal and commission to the high branches of the Korea Land and Land Information Corporation and the purport of the entire pleadings.

On October 21, 1976, the registration of preservation of ownership in the name of the defendant was completed on October 21, 1976, the registration of preservation of ownership in the name of the defendant was completed on the 15,769 square meters of Gangwon-gun C forest land (the 15,000 m2, 5 m2, 1,000, 15,000, 15,000 m2,000.

B. The Plaintiff is one of the successors of D.

C. With respect to the land before the instant annexation, 12, 13, 14, 15, 16, 17, 14, 16, 17, 18, 18, 19, 20, 22, 23, 25, 26, 27, 28, 29, 32, 34, 35, 36, 37, 38, 39, 40, 445, 46, 47, 47, 48, 48, 47, 48, 48, 49, 58, 57, 58, 50, 50, 123, 24, 26, 27, 27, 29, 29, 30, 32, 34, 37, 39, 442, 45, 48

2. Determination on the cause of the claim

A. The owner of the land prior to the instant annexation 1 (No. 5 table table 1-5 table table C) was required to investigate and enter the owner when preparing a protocol of incorporation into a reserved forest. This is believed to have different knowledge in accordance with the current registry or the forestry book at the time, and where an individual was entered in the “public notice on incorporation into a reserved forest” in the “public notice on incorporation into a reserved forest,” which is State-owned circumstances, there is a legal presumption of rights in the entry (see, e.g., Supreme Court Decision 93Da57841, Feb. 25, 1994). In full view of the overall purport of the entries and arguments in the evidence No. 9, evidence No. 9, and the entire purport of the arguments in the evidence No. 9, evidence No. 9-2, 3) was found to have been stated in the protocol of incorporation into a reserved forest into the forest or the forestry register at the time of incorporation into the above land. Therefore, it is recognized that D was written at the time of incorporation into the forest or the above.

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